California, United States of America
The following excerpt is from Los Angeles Police Protective League v. City of Los Angeles, 27 Cal.App.4th 168, 32 Cal.Rptr.2d 574 (Cal. App. 1994):
In contrast to the provisions relating to the mandated defense of public employees in civil actions, Government Code section 995.8 affirmatively declares that public entities are not required to provide for the defense of criminal actions brought against their employees, but instead permits the entities to provide defenses in certain circumstances. 11 "[W]here ... a criminal action is involved, the entity is given the right to refuse the employee a defense arbitrarily, with only a permissive right to compensate him for his attorney's fees and costs in the instances noted." (County of Sacramento v. Superior Court (1971) 20 Cal.App.3d 469, 473, 97 Cal.Rptr. 771.)
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