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Don’t Think It Can Happen to You? Think Twice

FOP member James Martin of Frederick, MD had the unfortunate experience of having to use the FOP Legal Defense Plan more than once.

Case #1: In September of 1998 Jim was attending a concert while off duty and out of his jurisdiction. Jim took action when he witnessed some individuals illegally inhaling nitrous oxide in the parking lot. The suspects doubted his validity as a police officer and assaulted him. Fortunately he was not seriously hurt in the altercation.

A month later, Jim’s department charged him with six (6) administrative violations including alleged assault, drunk driving and unbecoming conduct. For over a year the FOP Legal Plan provided counsel and paid Jim’s defense costs in this matter. At his trial board in October of 1999, by a unanimous vote he was found not guilty on all charges.

Case #2: In September of 1998 while on duty, Jim was executing a drug search and seizure warrant. Jim was alleged to have removed the spark plug wire from the motorcycle of the target of the warrant, who arrived on his motorcycle while the warrant was being served.

The department conducted a lengthy investigation and Jim was brought up on administrative charges over a year later. In April of 2001 he faced five (5) violations of departmental policy including malicious destruction of private property, unbecoming conduct, truthfulness and safeguarding property. Of the five violations, Jim has been convicted of three and given a 30-day suspension and letter of reprimand.

In each of these incidents, the department had sought to terminate Jim’s employment. Jim and his attorney, Pat McAndrew, were successful in stopping this from happening by obtaining judicial intervention to protect Jim’s rights on three separate occasions. To date, the FOP Legal Defense Plan has expended over $55,000 on Jim’s behalf.

“Without the FOP Legal Defense Plan, I would have faced legal bills over $55,000 to defend myself on departmental charges for an off duty incident. The Legal Plan provided me with expert legal counsel and superior service when I needed it most” – James Martin, Frederick, MD.

Jim’s defense in both of these matters was provided by Pat McAndrew of McAndrew & Zitver, P.A., 5000 Sunnyside Avenue, Suite #101, Beltsville, MD 20705-2327. (301)-595-3880.