• Critical Incident Representation
• Pre-Disciplinary Hearings
• Internal Affairs Investigations
• Criminal Proceedings arising from a Covered Incident
• Administrative Actions

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.

1. Immediately call for an attorney. There are three ways to request an attorney.

• 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 are an FOP member and need an attorney.

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

3. Surrender your weapon when requested. DO NOT submit to a blood or urine test until you’ve discussed it with your attorney.

• 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.

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.

On DATE, TIME at PLACE I was ordered by NAME AND RANK to give this statement/report at his order as a condition of employment. In view of possible job forfeiture, I have no alternative but to abide by this order. It is my belief and understand that this statement/report is to be used for the sole and exclusive purpose of an Internal Investigation and that the Department can neither release any information contained in my statement/report to any other Agency, or can the information be used in any subsequent proceedings other than Department Proceedings. I hereby reserve my constitutional right to remain silent under the fifth and fourteenth amendments to the United States Constitution and any other rights provided me by Colorado law. Should my statement/report be used for any purpose other than Department Internal Proceedings, I assert the protection set forth in Garrity v. New Jersey 385 U.S. 493 (1967).

Criminal defense includes any misdemeanor or felony case. Specifically excluded from criminal defense coverage is any traffic tickets or parking violations (DUI/DWAI is considered a misdemeanor and is therefore covered). Applicable Cap: $15,000.00 per covered claim over the life of the  claim.

Employment law matters includes unemployment hearings above and beyond the ten (10 hours) that is currently covered by the FOP Legal Defense Fund and District Court C.R.C.P. 106 administrative reviews of any employment decision. Specifically excluded from employment law is any matter covered by the FOP Labor Council. Applicable Cap: $15,000.00 per covered claim over the life of the  claim.

This practice area includes consultations involving and the preparation of one or more of the following documents (as needed) – simple will, medical power of attorney, financial power of attorney, living will, simple will with trust provisions and declaration of last remains. Applicable Cap: $15,000.00 per covered claim over the life of the  claim.

For purposes of the Plan, family law includes all proceedings arising under Article 10, Title 14 of the Colorado Revised Statutes, such as dissolution of marriage, establishment/modification of child support and maintenance, and allocation/modification of parental rights and responsibilities. Also included are hearings and sub-issues emanating from Title 19, C.R.S. proceedings, but only to the extent that the substantive law of Article 10, Title 14 C.R.S. will be applied thereto: By example, a child-support or APR hearing conducted following a Title 19 determination of paternity is a family law matter for purposes of the Plan, though the paternity determination itself is not. Specifically excluded from family law coverage are proceedings arising under Title 19 which are governed by the substantive law of Title 19, such as paternity, adoption, and/or Dependency and Neglect cases; as well as all proceedings arising under Titles or Articles other than those set forth above. Applicable Cap: $2,500.00 per covered claim over the life of the claim provided the member has incurred the first $2,500.00 in fees towards the Family Law covered claim.