Investigations into Use of Force or Work-issued Weapon
Learn more about CSEA’s Legal Assistance Program for members who carry firearms in the course of their jobs, including those who work in investigations, probation, and other areas of law enforcement.
Numerous CSEA members carry firearms in the course of their jobs, including those who work in investigations, probation, and other areas of law enforcement. The Legal Assistance Program provides legal services to all our CSEA members who carry firearms as part of their CSEA covered job requirements, for certain job-related incidents requiring legal counsel. There are times during the course of an employee’s duties when physical force, including the discharge of a firearm, may be used to affect arrests. Sometimes these events come into question by others, including the District Attorney’s office covering the county in which the incident occurs. If such an investigation should arise, our Legal Assistance Program can provide expert legal representation.
As part of our Legal Assistance Program, CSEA-provided representation to a CSEA member involved in the use of force will be available 24 hours a day, seven days a week.
Covered Incidents
Gun discharge, use of baton or other weapon dispensed by, or at the employer’s direction, or other use of force in the line of duty in such fashion as to result in the commencement of a law enforcement agency investigation that could result in criminal charges against the employee.
Attorney Contact Info
Covered employees can contact the CSEA-funded attorney for advice and appearance on their behalf. The attorneys assigned to each Region are as follows:
| Long Island Region 1, Metropolitan Region 2, and Southern Region 3:
Jim Moschella, Esq. |
Capital Region 4: Brian Devane, Esq. |
|
Central Region 5: Edward Dunn, Esq. |
Western Region 6: Dan Henry, Esq. |
Scope of Coverage
Attorney would be available to respond to a “call out” by an employee facing the initial phase of an incident investigation that occurs immediately after a “covered incident. Upon receiving a “call out,” the attorney would determine whether his/her presence is necessary and, if so, proceed to the site of the initial investigation. Attorney would also appear at subsequent meetings, if any, with District Attorney while matter is being considered for presentation to Grand Jury. Attorney would also appear at any Grand Jury convened to consider criminal charges against the employee.
If criminal charges are issued, CSEA-funded representation would cease. Employee would be responsible for his/her costs of continued representation by the attorney and/or securing other representation for his/her criminal defense. CSEA-funded attorney would be permitted to represent employee, at employee’s request, with the cost of such continued representation being agreed to in writing by the employee and the attorney, under terms clearly providing that once criminal charges are issued, the employee is fully responsible for the costs of his/her representation.
Questions
If there are any questions or comments regarding this program, please feel free to contact CSEA Legal Assistance Program at 1-800-342-4146, extension 1443, or Contact Us.