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INTERNAL INVESTIGATIONS

An investigation calls
for a deliberate response.

An administrative interview can affect your job and, in some circumstances, a criminal investigation. The notice, the questions, and the source of any compulsion matter.

Understand what kind of interview you face.

Internal affairs, a supervisor, and a criminal investigator may be examining the same incident for different reasons. Before the interview, identify who is conducting it, its stated purpose, whether attendance and answers are ordered, and what warnings or notices have been provided.

What Garrity addresses

In Garrity v. New Jersey, the Supreme Court addressed statements obtained from public employees under the threat of losing their jobs. The decision protects against the use of such compelled statements in subsequent criminal proceedings.

That principle does not create a blanket right to disregard an agency’s investigation, immunize underlying conduct, or excuse an untruthful response. Whether a statement is compelled and how protection applies can require careful analysis. A label on a form does not settle every question.

Prepare before the interview.

  • Save the interview notice and any written order or warning.
  • Identify whether criminal investigators are involved.
  • Ask about applicable policy, representation, and response deadlines.
  • Make an accurate chronology using records you may lawfully possess.
  • Discuss the risks with counsel before signing a waiver or giving a statement.

Do not ignore a lawful directive while assuming that a general internet explanation resolves your obligations. Get advice on the particular instruction and available response.

How we can help

We can review the documents, evaluate the administrative and potential criminal implications, and discuss preparation and representation where permitted. The goal is a response grounded in your actual circumstances.

TAKE THE NEXT STEP

Let’s talk about what comes next.

Call or text 704.880.9388, or use our firm’s inquiry form. Tell us the general issue and any upcoming deadline.

Send an inquiry