The Law Enforcement Procedural Guarantee Act was put into place so that any trial or investigation placed against an officer has a fair set of rules and regulations which the investigators and officers have to abide by. Having such an act protects both society and police officers as well.
All members of society are protected through this act because the act ensures that officers are held to account in a fair manner when they are suspected of having participated in an unjust or illegal activity. It also protects police officers because it ensures that officers are treated fairly during their investigation.
What comes under the Procedural Guarantee Act?
First of all, the police officer is granted the following rights according to the act:
- The officer will be notified in writing of all of the charges which are being laid against him or her
- The officer will be given a reasonable time to respond (orally and in writing) to the charges.
- The time limit of response will be decided by the police department; however it will not be less than 5 days.
- The officer can seek legal counsel to help form their response
- The officer has to choose between following grievance under their local governing body or the law enforcement officers procedural guarantee
- An officer should not be questioned about his personal property, income, debts, and expenses
- An officer can be suspended immediately if they are deemed to be a threat to society
The above rulings describe what an officer has to do when they are charged with a crime. A crime can be anything such as using excessive force and causing physical harm to a person, sexually harassing someone, using their authority to threaten a person or being involved in any kind of criminal activity. If an officer has committed any of these crimes and they are charged for them then they will have to follow the above guidelines leading up to their trial.
How can I charge a police officer for using excessive force on me?
If a person has been hurt by a police officer then they should seek legal counsel from a police brutality lawyer in Chesapeake, VA. An attorney can guide a person on the steps they need to take to lay their charges and they can help a person gather the evidence and fight the case in court as well.
Luckily, as per the Law Enforcement Procedural Guarantee Act, an officer can be suspended from their job immediately and their qualified immunity does not protect them form that. If the officer has caused a great deal of harm and they are deemed a danger to society then they can be penalized immediately and removed from the police force so that they do not continue causing harm to other innocent people. A person can also win compensatory damage to pay for any medical bills which may have resulted due to their unpleasant encounter with the officer in question.