In this episode, Curt and attorney Brian Bregman discuss the complicated legal issues associated with disciplinary investigations where the accused firefighters are potentially subject to criminal liability – and may have a 5th Amendment Right to remain silent.
Brian represented one of two Prince George’s County volunteer firefighters who were recently acquitted of assaulting two female career firefighters at the scene of a structure fire in 2015. In the case important Garrity issues arose in terms of whether the volunteers could be compelled to answer questions, thereby giving up their 5th Amendment Right to remain silent. The question also arose as to whether the county or the members’ volunteer fire company was legally able to compel the answers.
