--- title: "Cleared Twice: How the FOP Legal Defense Plan Helped One Officer Fight a Reopened Prosecution" description: 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. image: https://foplegal.com/hubfs/Close%20up%20View%20of%20a%20Blue%20Light%20on%20Top%20of%20a%20Police%20Vehicle.jpeg --- [Skip to the main content.](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#main-content) - [➤ Join Now](https://foplegal.com/join-now) - [➤ Member Login](https://foplegal.com/member-login) [![fop-Legal Defense Plan\_Logo\_Color Stacked](https://foplegal.com/hs-fs/hubfs/fop-Legal%20Defense%20Plan_Logo_Color%20Stacked.png?width=361&height=189&name=fop-Legal%20Defense%20Plan_Logo_Color%20Stacked.png "fop-Legal Defense Plan_Logo_Color Stacked")](https://foplegal.com/) [![fop-Legal Defense Plan\_Logo\_Color Stacked](https://foplegal.com/hs-fs/hubfs/fop-Legal%20Defense%20Plan_Logo_Color%20Stacked.png?width=361&height=189&name=fop-Legal%20Defense%20Plan_Logo_Color%20Stacked.png "fop-Legal Defense Plan_Logo_Color Stacked")](https://foplegal.com/) - [Plans & Pricing](https://foplegal.com/plan-details) - [Plan Details](https://foplegal.com/plan-details) - [Pricing](https://foplegal.com/plan-details#pricing-details) - [Retiree Concealed Carry Coverage](https://foplegal.com/retirees) - [Attorneys & Claims](https://foplegal.com/attorney-search) - [Submit a Claim](https://foplegal.com/claims-process) - [Attorney Search](https://foplegal.com/attorney-search) - [Become a Plan Attorney](https://foplegal.com/attorneys) - [Resources](https://foplegal.com/lodge-leader-resources) - [Plan Descriptions](https://foplegal.com/lodge-leader-resources) - [Lodge Leader Resources](https://foplegal.com/lodge-leader-resources) - [Stories](https://foplegal.com/blog) - [About Us](https://foplegal.com/about) - [Contact Us](https://foplegal.com/contact) - [History & Mission](https://foplegal.com/history) - [Board of Trustees](https://foplegal.com/board-and-trustees) - [Partners](https://foplegal.com/partners) Search [➤ ATTORNEY SEARCH](https://foplegal.com/attorney-search) [➤ SUBMIT A CLAIM](https://apps.hylant.com/FOPForms/Claim.app) Toggle Menu Search Toggle Menu [➤ ATTORNEY SEARCH](https://foplegal.com/attorney-search) [➤ SUBMIT A CLAIM](https://apps.hylant.com/FOPForms/Claim.app) - [Plans & Pricing](https://foplegal.com/plan-details) - [Plan Details](https://foplegal.com/plan-details) - [Pricing](https://foplegal.com/plan-details#pricing-details) - [Retiree Concealed Carry Coverage](https://foplegal.com/retirees) - [Attorneys & Claims](https://foplegal.com/attorney-search) - [Submit a Claim](https://foplegal.com/claims-process) - [Attorney Search](https://foplegal.com/attorney-search) - [Become a Plan Attorney](https://foplegal.com/attorneys) - [Resources](https://foplegal.com/lodge-leader-resources) - [Plan Descriptions](https://foplegal.com/lodge-leader-resources) - [Lodge Leader Resources](https://foplegal.com/lodge-leader-resources) - [Stories](https://foplegal.com/blog) - [About Us](https://foplegal.com/about) - [Contact Us](https://foplegal.com/contact) - [History & Mission](https://foplegal.com/history) - [Board of Trustees](https://foplegal.com/board-and-trustees) - [Partners](https://foplegal.com/partners) - [➤ Join Now](https://foplegal.com/join-now) - [➤ Member Login](https://foplegal.com/member-login) [Facebook](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) [Instagram](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) [Linkedin](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) [X](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) [YouTube](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) [Medium](https://foplegal.com/blog/cleared-twice-how-the-fop-legal-defense-plan-helped-one-officer-fight-a-reopened-prosecution#0) 2 min read # Cleared Twice: How the FOP Legal Defense Plan Helped One Officer Fight a Reopened Prosecution [FOP Legal Defense Plan](https://foplegal.com/blog/author/fop-legal-defense-plan) Aug 13, 2026, 11:00:19 AM [Article](https://foplegal.com/blog/tag/article) ![Cleared Twice: How the FOP Legal Defense Plan Helped One Officer Fight a Reopened Prosecution](https://foplegal.com/hubfs/Close%20up%20View%20of%20a%20Blue%20Light%20on%20Top%20of%20a%20Police%20Vehicle.jpeg) 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.  [![When Experience Meets the Unexpected: How the FOP Legal Defense Plan Helped One Officer Protect His Career](https://foplegal.com/hubfs/Police%20Officer.jpeg)](https://foplegal.com/blog/when-experience-meets-the-unexpected-how-the-fop-legal-defense-plan-helped-one-officer-protect-his-career) 1 min read #### [When Experience Meets the Unexpected: How the FOP Legal Defense Plan Helped One Officer Protect His Career](https://foplegal.com/blog/when-experience-meets-the-unexpected-how-the-fop-legal-defense-plan-helped-one-officer-protect-his-career) [FOP Legal Defense Plan](https://foplegal.com/blog/author/fop-legal-defense-plan) : Apr 20, 2026, 11:44:44 AM A 23-year law enforcement veteran shares how the FOP Legal Defense Plan helped him protect his career, clear his name, and retire on his own terms... [Article](https://foplegal.com/blog/tag/article) [Read More](https://foplegal.com/blog/when-experience-meets-the-unexpected-how-the-fop-legal-defense-plan-helped-one-officer-protect-his-career) [![Coverage That Made the Difference: An Officer’s Case Study](https://foplegal.com/hubfs/An%20Adult%20Uniformed%20Police%20Officer%20Stands%20Next%20to%20a%20Police%20Car%20on%20a%20City%20Street%2c%20Protecting%20and%20Maintaining%20Order%20in%20the%20Community.jpeg)](https://foplegal.com/blog/coverage-that-made-the-difference-an-officers-case-study) 1 min read #### [Coverage That Made the Difference: An Officer’s Case Study](https://foplegal.com/blog/coverage-that-made-the-difference-an-officers-case-study) [FOP Legal Defense Plan](https://foplegal.com/blog/author/fop-legal-defense-plan) : Apr 20, 2026, 11:19:20 AM A former law enforcement officer who served for 7 years shares how the FOP Legal Defense Plan helped him defend his name, regain his position, and... [Article](https://foplegal.com/blog/tag/article) [Read More](https://foplegal.com/blog/coverage-that-made-the-difference-an-officers-case-study) [![The True Cost of Legal Defense: Why Coverage Matters](https://foplegal.com/hubfs/Police%20Car%20Chasing%20a%20Car%20at%20Night%20with%20Fog%20Background-911%20emerg.jpeg)](https://foplegal.com/blog/the-true-cost-of-legal-defense-why-coverage-matters) 2 min read #### [The True Cost of Legal Defense: Why Coverage Matters](https://foplegal.com/blog/the-true-cost-of-legal-defense-why-coverage-matters) [FOP Legal Defense Plan](https://foplegal.com/blog/author/fop-legal-defense-plan) : Aug 5, 2026, 9:07:06 AM When an officer is involved in a serious incident, the public often focuses on the headlines. What rarely makes the news is the cost of mounting a... [Article](https://foplegal.com/blog/tag/article) [Read More](https://foplegal.com/blog/the-true-cost-of-legal-defense-why-coverage-matters) ## Support **[Contact Us](https://foplegal.com/contact) [Attorney Search](https://foplegal.com/attorney-search) [Plan Descriptions](https://foplegal.com/lodge-leader-resources) [Submit a Claim](https://foplegal.com/claims-process)** ## [![FOP-Legal Defense Plan\_Logo\_White Stacked (2)](https://foplegal.com/hubfs/FOP-Legal%20Defense%20Plan_Logo_White%20Stacked%20(2).svg)](https://50417591.hs-sites.com) - [Privacy Policy](https://foplegal.com/privacy-policy) © 2026 Hylant Group, Inc. All rights reserved. FOP Legal Plan, Inc. 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