Manhattan Beach Criminal Defense Blog

Because of today’s political climate, it is more likely for an officer involved in a fatal shooting or an encounter that results in a significant injury to be charged with a crime. Even more challenging is the possibility of an internal affairs investigation.

Indeed, being found guilty of a crime can be the death knell to an officer’s career, but an internal affairs investigation could be just as troubling. Even though it may not result in criminal charges, it is important to have legal counsel at this time. This post will explain why. 

Sex crimes are universally despised in our society. Those accused of those crimes are reviled in a way that they essentially must prove themselves innocent instead of the state proving them guilty beyond a reasonable doubt. Despite how infamous these crimes may be, the constitutional protections applicable to anyone accused of a crime still apply. This is especially important when a police officer is accused of a sex crime.

The story of a San Francisco Police Department veteran accused of possessing child pornography exemplifies this notion. The officer was arrested last week and placed on suspension without pay after the arrest became public. The department has not released much information on the matter, but an LATimes.com report highlighted that the child porn incident was the latest in a series of issues affecting the department.

A criminal charge can be life changing for those tasked to enforce the law. Yet, without the correct use of force, a dangerous situation can turn deadly. Where is the balance within the law? When prosecutors believe an officer has overstepped his or her boundaries, they may bring up charges of murder or manslaughter.

On-duty officers have used deadly force against civilians approximately 1,000 times per year since 2005. These incidents have resulted in just 77 charges of murder or manslaughter and 26 convictions as of September 2016. This means a conviction happens in less than one-third of one percent of all confrontations resulting in deadly force.

In a prior post, we highlighted the arrest of a LAPD officer who was accused of having a sexual relationship with a teen cadet and how important it would be for officers accused of sex crimes or inappropriate sexual relationships to have experienced legal counsel. Essentially, the legal system can be particularly unforgiving to officers accused of crimes despite the stories of officers having relationships with district attorneys, investigators and judges.

Since that post, the officer’s potential criminal jeopardy has expanded. A search of the officer’s home stemming from the sex crime revealed additional evidence and information that led to more criminal charges. The LA Times reports that investigators recovered more than 100 weapons from his Rancho Cucamonga home.