Exonerated Police Officers: The Path to Reinstatement after an Suspended Misunderstanding

Being a police officer involves a great deal of responsibility and integrity. However, even the most conscientious officers can face unjust suspensions. Once an officer is suspended for a crime they did not commit, the journey to restoration of their career often involves multiple steps and legal procedures. This article aims to shed light on the process that follows such an ordeal, emphasizing the importance of fair hearings and legal representation.

Understanding the Initial Suspension

Police officers who are suspended for alleged crimes but are later exonerated face a complex and often arduous path to reinstatement. The initial suspension is typically an administrative measure, not a criminal charge. This means that while the officer may be found not guilty in a criminal court, they can still face administrative consequences, such as reprimands, suspension without pay, or even termination.

The Path to Justice and Reinstatement

Following an initial suspension, the process often begins with an administrative hearing to examine the facts and evidence. This hearing aims to determine whether the officer committed the alleged misconduct. If the officer is successful, they can expect to be reinstated, as their suspension was likely based on an incorrect assumption.

Administrative Hearing: This hearing is crucial as it determines the facts of the case. The officer, with the help of their lawyer, must provide evidence to prove their innocence. Consultation with Unions: Officers often consult with the Federal Officers Police (FOP) or Public Brotherhood of America (PBA) attorney before engaging in any discussions with the department. These attorneys represent the officers' interests and can provide legal guidance. Criminal Case Outcome: If the officer is charged with a crime, they must be exonerated before returning to work. This means the criminal case must be dismissed, and the officer must be cleared of the charges. Approved Reinstatement: Once the criminal case is dropped, and the officer is exonerated, the administrative investigation will be conducted. If the officer is cleared, they will typically receive back pay, or at least payment for the days they were suspended without pay. In many cases, the misconduct may not warrant termination, leading to an agreement for reinstatement without back pay.

Examples of the Process

Let's explore a real-life example of an officer facing suspension for a crime they did not commit. Officer John Doe, for instance, was suspended for two days early in his career for a non-injury accident. He appealed the decision, arguing that it was overly harsh. An arbitrator agreed, and Doe not only received back pay for the two days he was suspended but also received a mere reprimand. Moreover, he had to pay a ticket, which was a minor criminal charge but still aligning with administrative penalties.

Conclusion

The process of reinstating a police officer who was suspended for a crime they did not commit is multifaceted and can be lengthy. However, with the aid of legal representation and a fair administrative hearing, officers can navigate this challenging path and return to their careers with integrity. Understanding the necessary steps and procedures is crucial for both officers and departments, ensuring a just and equitable process.