Tel: 720-277-7878

P.O. Box #9325 Denver, CO. 80209

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On-Duty Legal Defense Fund

Let’s be honest, one of the most important reasons that most of us belong to our local Lodges of the Fraternal Order of Police is for strong legal defense for the claims against us. The unfortunate reality of this job is the inherent liability associated with being a Denver Police Officer. Whether the claim is administrative, criminal or civil we want to have the best legal defense available to protect our career, ourselves and our family’s future.

The Colorado State Legal Defense Fund is the best legal defense fund available in the State of Colorado with over $1 million dollars in its war chest. Its Board of Directors, Fund coordinators and administrator are professional Law Enforcement personnel just like you. The LDF is the right choice for Law Enforcement Legal Defense.

Legal Service of On-Duty Legal Defense Fund (LDF) Covers:

  • Critical Incident Representation

  • Pre-Disciplinary hearings

  • Internal Affairs Investigations

  • Criminal Proceedings arising out of a covered incident

  • Administrative actions 
     

How Do I File A Claim?

Filing a claim with the LDF is as easy as picking up the phone. Unlike other legal defense plans where you have to plead your case before a board and then wait for a vote to determine if you will be provided legal coverage. The FOP guidelines are very clear and the process is confidential and simple. Additionally, the FOP has many other resources available to provide assistance beyond that of legal defense. Please check with your representatives in you local lodge for additional information.
 

 

What to do if you are Involved in a Critical Incident:

  1. Immediately call for an attorney.  There are three ways to request a lawyer:
        * Call your FOP representative who will obtain an attorney on your behalf.
        * Notify dispatch that you need an attorney and they will make the necessary calls.
        * Have the supervisor who is transporting you to headquarters notify dispatch that you an            FOP member and need a lawyer.
    ***REMEMBER TO MENTION THAT YOU ARE AN FOP MEMBER TO ENSURE THAT YOU RECEIVE THE PROPER LEGAL COVERAGE WITH AN FOP ATTORNEY.***

  2. Do not discuss the incident with anyone and request isolation until your attorney can arrive.

  3. Surrender your weapon when requested; However, DO NO submit to a blood or urine test until you’ve discussed it with your attorney.

 

What are my rights during an investigation?


In an Investigation, You Have the Right to:

  • Have a person of your choice accompany you to an interview, including an attorney, but not a witness to the offense or violation

  • Read the complaint summary prior to giving a statement

  • Know PRIOR to giving a statement whether you are the subject of the investigation or just a witness officer

  • Obtain a copy of your previous statement(s) upon request

  • Receive a Miranda warning for a law violation interview

  • Receive a written, administrative (“Garrity”) advisement

  • Refuse to answer, but face discipline, including termination, for such refusal

  • Be interviewed at a reasonable time of day and only for a reasonable amount of time with reasonable breaks

  • Review your prior statements before any subsequent interviews

  • Not be compelled to give a polygraph, but can request one

  • Review the contents of your personnel file

  • PROTECT YOUR CONSTITUTIONAL RIGHTS
    As a condition of employment you are required to abide by Department Rules and Regulations. You must answer questions, give statements and submit reports at the order of a superior officer or be subject to disciplinary action. Include the wording from the “Sample Statement” below in any statement or report you make concerning any type of disciplinary problem, including complaints for citizens, or if you are suspected of violating a law. This statement or report cannot be used against you in any subsequent proceeding bound by the Rules of Evidence. OUR ADVICE IS THAT THIS PROCEDURE BE USED AT ALL TIMES.

Your Garrity Rights

You are hereby ordered to fully cooperate with the investigating official(s). Your failure to cooperate will create an objective and subjective fear of termination. You have the following rights and responsibilities during this investigation:

  1. You have the right to be informed of the allegations involved.
  2. You will be asked questions specifically directed and narrowly related to the performance of your official duties.
  3. Statements made during any interviews may be used as evidence of misconduct or as the basis for seeking disciplinary action against you.
  4. Any statement(s) made by you during these interviews cannot be used against you in any subsequent criminal proceeding, nor can the fruits of any of your statements be used against you in any subsequent criminal proceeding.  
  5. If you so request, a person of your choice may be present to serve as a witness during the interviews.
  6. If you refuse to answer questions relating to the performance of your official duties, you will be subject to dismissal.

Related Links:

On-Duty LDF Attorneys:

Our team of attorneys offers our membership a choice of attorney depending on the nature of the case and the expertise of the attorney.  Our attorneys have been hand selected because of their legal expertise and ability in dealing with the complex issues of law surrounding the defense of peace officers in Colorado.  They specialize in both Labor/Management issues and the expert representation of members involved in Administrative actions, Criminal actions, and Civil Litigation. Below is the contact information for FOP LDF plan approved attorneys.

Elkus Sisson  & Rosenstein P.C.
http://www.elkusandsisson.com/
501 S0. Cherry St. Suite #920, Denver, CO 80246
Office Number - 303-567-7981
**1-855-879-7068* (24 hr Critical Incident Response)

Bruno, Colin, & Lowe

http://www.brunolawyers.com/
1999 Broadway Street #4300
Denver, Colorado 80202
**24 hr Number: 303-831-1099* (24 hr Critical Incident Response)

Foster, Graham, Milstien, & Calisher LLC
http://www.fostergraham.com/
360 S Garfield St; Suite 6
Denver, CO 80209
Office: 303-333-9810
**24 hr number: 303-669-4762* (24 hr Critical Incident Response)

Law Office of Doug Jewell, LLC
www.djewell-law.com
3800 Youngfield Street Suite 185
Wheatridge, CO 80215
Office: 720-484-5760

FAX:  720-484-5761
**24 hr number:  303-482-7665* (24 hr Critical Incident Response)

Jonathan P Datz, LLC
www.DatzLawFirm.com
340 E. 1st Ave, Suite 205 Broomfield, CO 80020
Office: 720-879-1114 - FAX: 720-222-5122
**24 hr number: 720-883-7658* (24 hr Critical Incident Response)

Hall & Evans - Keith Goman
http://www.hallevans.com/
email: gomank@hallevans.com

1001 17th Street, Suite 300

Denver, CO 80202
Office: 303-628-3423
**24 hr number:: 720-839-1159* (24 hr Critical Incident Response)

Brian Reynolds Attorney at Law
email: Brian@ReynoldsLawLLC.com
955 Bannock St.
Denver, CO 80204
**24 hr number: 720-442-8100* (24 hr Critical Incident Response)

The Law Office of Daniel Schaefer - Daniel Schaefer, Esq
email: daniel@danschaeferlaw.com
14650 Benton Street
Broomfield, CO 80020
**24 hr number: 720-206-7894* (24 hr Critical Incident Response)

The Law Office of Walter Bradley
email: bradleylawfirm@msn.com 
12365 Huron Street #1800
Westminster, CO 80234
Office 303-301-7107

(24 hr number: 720-206-7894* (24 hr Critical Incident Response)

Non-Critical Incident Attorneys Contact Info:

Nora Kelly: 303-866-9868
Jonathan Abramson (Kissinger & Fellman): 303-320-6100
Nathan Chambers & Thomas Mulvahill: 303-825-2222

 

Sample of a Statement