Cleared Twice: How the FOP Legal Defense Plan Helped One Officer Fight a Reopened Prosecution

After being cleared once, this officer faced his case being reopened years later under a new district attorney. Here's how the FOP Legal Defense Plan gave him the resources to defend himself, clear his name a second time, and return to the job. 

OFFICER PROFILE

• Location: California
• Coverage Type: Full Coverage (Administrative, Civil, Criminal)
• Outcome: Charges dismissed; returned to active duty
• Estimated Savings: $390,000

OVERVIEW

In 2018, the officer was involved in an on-duty shooting. The following year, prosecutors under the district attorney at the time reviewed the incident and concluded the use of force was lawful self-defense, following both policy and procedure. As far as the officer was concerned, the matter was closed. 

It did not stay closed. After a new district attorney took office in 2020, the case was reopened and a special prosecutor was brought on. In March 2023, the officer was indicted on one count of voluntary manslaughter, despite having already been cleared years earlier. What followed was a three-year legal fight that spanned three different district attorneys, two of whom found the officer's actions lawful and one who did not. 

PLAN IN ACTION

This was not a routine case, and it could not be handled by a single attorney. The legal issues were specialized and high-stakes, requiring a team of experienced attorneys and investigators. The FOP Legal Defense Plan recognized the gravity of the situation early and stepped up, providing access to funds for investigators and connecting the member with a highly respected attorney who handled high-profile homicide and officer-involved cases. 

The stakes went beyond this one case. Prosecutors built their argument on a novel legal theory known as "officer-created jeopardy," the idea that an otherwise lawful use of force could be treated as unlawful based on tactical decisions made beforehand. It was a theory with implications for officers everywhere. Backed by the Plan's resources, the defense fought the case all the way to the steps of the state Supreme Court before prosecutors moved to dismiss it. 

In early 2026, the charges were dismissed, and the officer returned to active duty.

"Of all the things I was worried about, I never worried about being able to defend myself. You can't replace that peace of mind. An officer today would be crazy not to have full coverage. The Plan is worth its weight in gold." 

BENEFITS OF LEGAL DEFENSE

1. High-Caliber Legal Representation

The Plan connected the officer with a top-tier, experienced attorney who believed in law enforcement and understood the nuances of the case. This was a caliber of representation the officer could never have afforded alone, and that expertise made the difference in getting the charges dismissed.

2. Financial Protection Against a Devastating Cost

Without the Plan, the officer estimates the fight would have meant bankruptcy, a forced home sale, and still falling short of the legal expertise the case demanded. The Plan absorbed hundreds of thousands of dollars in legal costs across three years, protecting the member's family from financial ruin.

3. Responsive Support and Peace of Mind

Across three years, the officer never had to ration the attorneys' time or hesitate to reach out. The legal team was responsive and accessible from day one, with a clear message that they had the member's back no matter what. Of everything weighing on the officer, mounting a defense was the one worry that never had to be carried alone.