Today’s Darien Connecticut arrests of two veteran Darien police officers for Breach of Peace, Reckless Endangerment and Unlawful Discharge of a Firearm have caused a ripple of shock and disappointment through this small Connecticut commuter town. Not many details have been released, but already all the right people are saying all the right things in press releases expressing disappointment, zero tolerance and promises for more accountability. Notwithstanding all the damage control rhetoric being spewed out through the media channels, one question that looms over this case is how do the police fairly and unbiasedly investigate themselves?
How can the Darien Police investigate the Darien Police and possibly arrest fellow members of the Darien Police? Keep reading to find out…
As the best Darien Connecticut criminal law firms understand, when police are accused of any kind of misconduct in Connecticut, the investigating police agency can proceed one of two ways…either by (1) referring the investigation to their Internal Affairs officers, or (2) referring the entire investigation to the Connecticut State Police. Top Greenwich and Darien Connecticut criminal attorneys and lawyers general prefer the latter option, which is always more ideal, as an independent, arms-length law enforcement agency will be the most unbiased agency to investigate. While there are structures and protocols in every Connecticut Police Department to separate the Internal Affairs officers from the other personnel, the reality is these officers are colleagues—brother and sister officers who have shared duties and worked arm-and-arm in dangerous cases and sticky situations, so there may be a small undercurrent of loyalty. Connecticut State Troopers will then work with the State’s Attorney’s office in the jurisdiction where the crime allegedly occurred, prepare search warrants, police reports, and then, if necessary, submit an arrest warrant application to a criminal court judge. If the warrant is signed, as was the situation in this Darien case, then the Connecticut State Troopers will arrest the Connecticut police officer (in Darien or elsewhere) for Reckless Endangerment, Breach of Peace, Unlawful Discharge of a Firearm, or any other applicable crime.
Probably not. As the best and top Darien and Stamford Connecticut criminal lawyers and attorneys would likely agree, there is a significant conflict of interest for these officers to be prosecuted in Stamford Superior Court. You see, all Darien Police Department arrests are handled and prosecuted in Stamford Criminal Court, so these officers, along with all of their colleagues, regularly assist in the prosecution of Darien criminal arrests. They have meetings with State’s Attorneys (also called prosecutors). They frequently present search and arrest warrant applications to all of the Stamford criminal court judges. And they testify in dozens of criminal court trials each year. For these reasons, it’s very likely that prosecutors will ask the Stamford Superior Court to transfer the Darien arrest of these police officers to the Bridgeport, Danbury or Milford Superior Criminal courts, ensuring that these officers get the fair trial and treatment they deserve, and that no special favors or special treatment to these Darien Police officers are extended (or even suspected). Once transferred, these officers can fight their Darien Connecticut arrest for Reckless Endangerment, just as any other person who is arrested for Reckless Endangerment in Stamford, Darien or Greenwich Connecticut would fight their arrest (click here to learn how you can try to get your Connecticut Reckless Endangerment arrest dismissed). For more information on fighting your Darien Connecticut Breach of Peace in the Second Degree arrest, follow this link.
So if you have been arrested in Darien Connecticut for Breach of Peace, Reckless Endangerment, or Unlawful Discharge of a Firearm, whether you are a Connecticut police officer, Connecticut State Trooper, or just an ordinary average citizen, contact one of the Connecticut criminal lawyers at Mark Sherman Law today. While the charges may be serious, there are creative and aggressive strategies we can apply to your case to try and get your case dismissed, quickly and affordably. So call us today at (203) 358-4700.