BLOG from our #ABKLaw Partner Michael Jaccarino, Esq.: New York City Teachers – Collateral Consequences of an Arrest
For most people who get arrested, the concern over jail time and a criminal record is equaled to the shame and embarrassment they feel. For some of those folks, these feelings are often diminished after our lawyers are able to resolve the charges in an incredibly favorable manner. This is especially true if the case is finished with no criminal record and the person’s employer does not find out about the arrest. For others, however, even if we are able to secure a dismissal or non-criminal disposition, there are collateral consequences that come along simply by the fact that they have been arrested.
For teacher at New York City schools, other Board of Education employees, and many New York City employees, this is ALWAYS a concern.
In fact, if a teacher is arrested by the police for any reason, whether work-related or not, the teacher must not only notify the office of Personnel Investigation, but their school principal as well. An arrest is defined as being taken into custody to answer a criminal charge. Following an arrest, there are strict reporting requirements about how the disclosure must be made and what information, including the charge and section of the Penal Law. This applies not matter how serious or trivial the charges are, as well as whether the teacher is guilty, or truly innocent. There are no exceptions. This must also be done within 3 days of an arrest. Next, depending on what the charge is and where it occurred, the teacher may be suspended or transferred during the pendency of the criminal case.
So what should you do? For teachers, and everyone whose job and career is of upmost importance, hiring the right criminal lawyer is paramount, especially someone who knows the procedures and how certain criminal consequences can affect your job. You should speak with a lawyer who can protect you and educate you on the criminal charges you face as well as the DOE procedures to come. For teachers, and other city employees, because your employer knows about the arrest and all the details of it from the very beginning, it is all the more important for to have the case resolved in a way that it will not affect your employment, livelihood, or career.
Contact our office today to find out more about how this can impact you. 212-486-0011
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