Legal Representation

Purpose

To ensure fair and consistent processing of suspects while encouraging legal representation and preserving the integrity of the justice system. This SOP sets clear limits on how and when officers may reduce time and fines during processing.


General Rule

Reductions in jail time or fines may only be offered under structured guidelines and are tied to the presence or absence of legal representation.


Reduction Structure

If a Lawyer Is Present

  • Officers may offer sentence reductions up to 50% off total time and/or fine value.

  • Any offer must be made in the presence of the attorney, as part of a negotiated plea, cooperation deal, or at the attorney's request.

  • Charges may also be dropped or restructured with justification and legal oversight.

If No Lawyer Is Available

  • Officers may apply a maximum of 10% total reduction (combined time and fine).

  • This small leniency may only be used:

    • As a gesture of good faith (e.g., full compliance, clean record)

    • When no lawyers are online or responsive after reasonable effort

Time/Fine reductions cannot exceed 10% without legal representation.


What Officers May Not Do (Without a Lawyer)

  • Drop charges completely (Unless it is found the charges are incorrect and a correction needs to be made)

  • Offer plea deals

  • Stack reductions beyond the 10% cap

  • Make promises regarding case dismissal or future leniency


Required Officer Actions

  • Attempt to contact a lawyer before beginning sentencing.

    • Use the DOJ ping or contact known attorneys in-city.

    • Hold the suspect for a reasonable time if one is responsive.

  • Inform the suspect of their right to counsel and their right to appeal after sentencing.

  • Document all reductions clearly in the arrest or incident report.


No Lawyers Available

If no lawyer is available despite a reasonable effort:

  • Proceed with full charges or apply up to 10% reduction at officer discretion.

  • Clearly state in the report:

    “No legal representation was available at the time. A [X]% discretionary reduction was applied due to [reason].”

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