LEGAL NOTES
June 2008

Greetings Members:

This is one of your CLEAT attorneys, Patrick Lara, hoping this message finds you in good health and spirits. I will be writing you on this part of the Association’s web page to keep you informed on the legal issues that affect you and your employment.

We have a second attorney in the El Paso office. His name is Jim Jopling and he is now on duty full time to assist you in your legal affairs. He has a bunch of great civil experience and is already experienced in assisting EPCSOA members in Internal Affairs statement. Call him or come by and meet him when you get a chance.

Speaking of I.A., I do want to remind each and every one of you that you still have a Sheriff’s Contract which provides you certain protections. Those protections include you having an attorney for ANY Internal Affairs interview/statement that you are required to give as a condition of your employment. Therefore, CALL US!!!! Call CLEAT as soon as you are given notice that you will be going to Internal Affairs. This is very important because this statement determines what the Sheriff is going to do with any administrative punishment. The detectives from Internal Affairs must observe this provision of the Contract that protects you! USE IT!

Next, I want to remind all of you detention officer and deputies that you DO NOT have to give any statements to C.I.D. at any time. Remember, any statement you make to C.I.D. is considered a “Voluntary Statement of an Accused.” You do not have to make a statement and you do not have to go to CID without your lawyer. Protect your rights and protect your career and freedom as well.

Finally, I would like to address a problem that has arisen in the past few months. It has come to my attention that some of you who have been called to Internal Affairs are being asked to waive their right to your lawyer and talk to Sheriff Apodaca yourselves. Some of you are being told that you will get a better deal. However, there is something you need to know. By talking to the Sheriff yourselves, you are giving up your representation by your attorney. There are consequences to talking to the Sheriff on your own that go beyond the Sheriff’s Department. In fact, anything you discuss with the Sheriff can be used against you by ANYONE later for a criminal case!!!!! Do not waive your rights for a short term solution that could hurt you later.

Well, that’s all for now. Do not hesitate to call Jim or myself if you have any questions. Stay safe and well see you next month!

Patrick Lara