Police Officer Defense Attorney in Pomona, California
Law enforcement officers face unique and intense scrutiny when accused of crimes or subjected to internal investigations. As a police officer in Pomona, you’ve dedicated your career to serving and protecting the community, upholding the law, and maintaining public safety. But when you become the subject of criminal charges, administrative proceedings, or internal affairs investigations, your entire career, reputation, and freedom are at risk. The very system you’ve served can turn against you, and the consequences extend far beyond what civilians face. At Tu Defensor Criminalista, we provide specialized legal defense for police officers and law enforcement personnel in Pomona and throughout Los Angeles County, understanding the unique challenges you face and fighting aggressively to protect your career, your pension, your freedom, and your reputation.
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Understanding the Unique Position of Police Officers Facing Charges
Police officers accused of wrongdoing face a fundamentally different situation than civilian defendants. The stakes are exponentially higher, the scrutiny more intense, and the proceedings more complex. Unlike civilians who face only criminal prosecution, officers often face simultaneous:
Criminal Prosecution: State or federal criminal charges that can result in incarceration, fines, and a permanent criminal record.
Internal Affairs Investigations: Administrative investigations by your department that can lead to discipline ranging from reprimands to termination.
Peace Officer Standards and Training (POST) Action: Proceedings before the California Commission on Peace Officer Standards and Training that can result in decertification, ending your law enforcement career permanently.
Civil Litigation: Civil rights lawsuits filed by alleged victims seeking monetary damages.
Media Scrutiny: Intense media coverage that can destroy your reputation before any determination of guilt.
Professional Licensing Consequences: Impact on peace officer certification and ability to work in law enforcement anywhere in California.
According to California POST data[1], peace officer decertification can permanently end a law enforcement career, making it impossible to work as a police officer anywhere in the state. The California Commission on POST maintains records of officer misconduct and can revoke peace officer status based on certain criminal convictions or findings of serious misconduct.
For officers employed by the Pomona Police Department, Los Angeles County Sheriff’s Department, California Highway Patrol, or other agencies in the area, facing allegations means navigating multiple legal systems simultaneously, each with its own procedures, standards of proof, and potential consequences.
Types of Cases We Handle for Law Enforcement Officers
At Tu Defensor Criminalista, we represent police officers and law enforcement personnel facing a wide range of accusations and proceedings in Pomona and Los Angeles County.
Use of Force Allegations
Use of force cases represent some of the most serious allegations officers face. In today’s environment of heightened scrutiny of police conduct, any use of force incident can trigger:
Criminal Charges:
Assault and battery
Assault under color of authority (Penal Code 149)
Excessive force
Manslaughter
Murder (when force results in death)
Civil Rights Violations:
Federal charges under 18 U.S.C. § 242 (deprivation of rights under color of law)
Federal excessive force charges
Conspiracy to violate civil rights
Administrative Consequences:
Internal affairs investigation
Suspension or termination
Loss of peace officer status
According to California Department of Justice use of force data[2], law enforcement agencies statewide report thousands of use of force incidents annually, with a small percentage resulting in criminal or administrative action against officers. However, when charges are filed, the consequences are severe.
We defend officers by:
Establishing that force used was reasonable and necessary
Demonstrating compliance with department policies and training
Presenting expert testimony on police tactics and use of force
Showing the subject’s actions justified the force response
Challenging witness credibility and physical evidence
Documenting the totality of circumstances faced by the officer
Domestic Violence Allegations
Domestic violence allegations against police officers are particularly devastating. Studies have examined the prevalence of domestic violence in law enforcement families, and departments take these allegations extremely seriously.
Criminal charges may include:
Corporal injury to a spouse (Penal Code 273.5)
Domestic battery (Penal Code 243(e)(1))
Criminal threats
Stalking
Violation of restraining orders
For police officers, domestic violence convictions carry unique consequences:
Federal Firearms Prohibition: Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), anyone convicted of a misdemeanor domestic violence offense is prohibited from possessing firearms. This federal prohibition effectively ends a law enforcement career since officers cannot perform their duties without carrying a firearm.
Mandatory Arrest Policies: Many departments have policies requiring arrest of officers accused of domestic violence, even without strong evidence.
Restraining Orders: Protective orders restrict officers’ ability to possess firearms, again making it impossible to work.
Career Destruction: Even accusations without conviction can derail careers, as departments may place officers on administrative leave or seek termination based solely on allegations.
We understand that domestic violence allegations against officers are sometimes:
False accusations motivated by custody disputes
Exaggerations of minor incidents
Result of mutual combat where the officer is incorrectly identified as the aggressor
Products of mental health crises affecting family members
We investigate thoroughly, challenge false accusations, and work to achieve resolutions that preserve both your career and your Second Amendment rights.
DUI and Traffic Offenses
Police officers are not immune to DUI arrests, and when an officer is arrested for driving under the influence, the consequences extend far beyond typical DUI penalties. Officers face:
Criminal Prosecution: Standard DUI penalties including jail, fines, license suspension, and DUI programs.
Departmental Discipline: Officers may be suspended, terminated, or face other discipline even for a first-time DUI.
Professional Ethics: Peace officers are held to higher standards of conduct, and DUI convictions may be viewed as moral turpitude affecting fitness for duty.
Public Relations: Officer DUI arrests often generate media coverage and damage to department reputation.
According to the California Office of Traffic Safety[3], DUI remains a significant issue throughout California, and law enforcement officers are not exempt. However, officers facing DUI charges often have unique defenses including:
Exposure to chemical agents during duty
Medical conditions affecting field sobriety tests
Rising blood alcohol content
Improper testing procedures
We defend officer DUI cases aggressively, understanding that a conviction can end your career. We challenge every aspect of the prosecution’s case and work to achieve dismissals, reduced charges, or alternative resolutions that protect your career.
Theft, Fraud, and Corruption Charges
Allegations of theft, fraud, or corruption strike at the heart of law enforcement integrity. These charges may include:
Theft-Related:
Grand theft
Petty theft
Embezzlement
Theft from crime scenes or evidence rooms
Taking bribes
Fraud-Related:
Insurance fraud
Workers’ compensation fraud
Falsifying reports or evidence
Perjury
Grant fraud
Corruption-Related:
Bribery
Accepting gratuities
Abuse of authority
Conspiracy
Federal corruption charges under RICO or other statutes
These charges often arise from:
Internal audits discovering irregularities
Whistleblower complaints
Federal investigations into department practices
Evidence handling questions
Financial investigations
Corruption charges frequently involve complex investigations by agencies including:
Internal Affairs
Los Angeles County District Attorney Public Integrity Division
FBI Public Corruption Unit
California Attorney General’s Office
U.S. Attorney’s Office
Defense requires:
Forensic accounting analysis
Document review and authentication
Computer forensics
Challenging chain of custody
Examining investigative procedures for bias
Sexual Misconduct Allegations
Sexual misconduct allegations destroy careers and reputations even when false. Officers may face charges including:
Sexual assault
Sexual battery
Rape
Sodomy
Oral copulation by force or fear
Unlawful sexual intercourse
Possession of child pornography
Engaging in sexual conduct while on duty
Sexual harassment
These cases may involve:
Allegations from arrestees claiming sexual assault during custody
Relationships with individuals in the officer’s jurisdiction
Inappropriate conduct alleged during traffic stops or investigations
Online conduct or communications
Off-duty conduct
False allegations in sexual misconduct cases are unfortunately common, arising from:
Arrestees seeking to avoid their own charges
Individuals with grudges against law enforcement
Mental health issues affecting accusers
Custody or relationship disputes
Misunderstandings or misinterpreted conduct
We conduct thorough investigations including:
Background checks on accusers
Reviewing body camera and dashcam footage
Examining cell phone records and communications
Consulting with forensic experts
Challenging DNA and physical evidence
Deposing witnesses extensively
Internal Affairs Investigations
Even when criminal charges are not filed, internal affairs investigations can result in discipline ranging from written reprimands to termination. Common subjects of IA investigations include:
Peace Officer Bill of Rights (Government Code 3300 et seq.)
Department policies and procedures
Collective bargaining agreements
Administrative appeal procedures
Arbitration
Civil service commission proceedings
We represent officers through:
Skelly hearings
Administrative appeals
Arbitration
Civil service proceedings
Grievance procedures
Disciplinary hearings
Federal Civil Rights Charges
Federal prosecution under 18 U.S.C. § 242 (deprivation of rights under color of law) represents the most serious threat to officers. Federal charges carry:
Federal prison sentences
Federal criminal record
No parole (federal prisoners serve at least 85% of sentences)
Potential for consecutive sentences
Enhanced penalties for use of weapons
The FBI and U.S. Attorney’s Office actively investigate and prosecute:
Excessive force cases
Unlawful arrests and searches
Sexual assault under color of authority
Theft under color of authority
Corruption and bribery
Civil rights conspiracies
Federal cases require defense attorneys with:
Federal court experience
Understanding of federal sentencing guidelines
Relationships with federal prosecutors
Resources to handle complex federal litigation
The Peace Officer Bill of Rights
California’s Peace Officer Bill of Rights (POBR), codified in Government Code Sections 3300-3313, provides important protections for officers under investigation. Understanding and asserting these rights is crucial.
Key POBR Protections
Interrogation Rights:
Right to be informed of the nature of the investigation before interrogation
Right to reasonable notice before interrogation (generally 48 hours)
Interrogations must be conducted at reasonable hours, preferably during officer’s working hours
Interrogation sessions must be of reasonable duration with breaks
Officer shall not be subjected to offensive language or threatened with dismissal
Right to have a representative present during interrogation
Right to recording of interrogation
Due Process Rights:
Right to written notice of adverse comments in personnel file
Right to respond to adverse comments
Right to inspect personnel records
Right to administrative appeal of discipline
Right to hearing before imposition of punitive action
Procedural Protections:
Investigations must be completed within one year (with some exceptions)
Right to notice and opportunity to respond before punishment
Prohibition on coercion to submit to polygraph
Prohibition on searching lockers without consent or legal process
Skelly Rights: Before an officer can be terminated or subjected to other serious discipline, they are entitled to a “Skelly hearing” where they can:
Be informed of the charges
Review the evidence
Present their side of the story
Have representation
Violations of POBR can result in:
Suppression of evidence
Dismissal of charges
Reinstatement with back pay
Expungement of disciplinary records
At Tu Defensor Criminalista, we ensure that your POBR rights are protected throughout any administrative investigation or disciplinary proceeding.
Defending Against Criminal Charges: Special Considerations for Officers
Officers sometimes find that colleagues who would normally support them distance themselves or even testify against them when criminal charges are filed. The “blue wall of silence” that may protect officers in civil litigation often crumbles in criminal cases, particularly when:
Federal investigators are involved
Officers are offered immunity or leniency in exchange for testimony
Department leadership wants to demonstrate commitment to accountability
Media pressure is intense
Political considerations are at play
We anticipate these dynamics and structure defenses accordingly, not assuming that fellow officers will provide favorable testimony.
Juries and Law Enforcement Defendants
Juries view police officers defendants differently than civilian defendants. This cuts both ways:
Potential Advantages:
Jurors may give officers benefit of the doubt
Jurors may understand the difficult circumstances officers face
Officers’ training and experience may lend credibility to their testimony
Potential Disadvantages:
High-profile cases of police misconduct create anti-police bias
Jurors may hold officers to higher standards
Perception that “officers should know better”
Belief that officers receive preferential treatment
We carefully select juries, conduct extensive voir dire to identify biases, and craft defense narratives that help jurors understand the reality of split-second decisions under pressure.
Brady/Giglio Issues
Findings of officer dishonesty create “Brady” or “Giglio” issues that can end careers even without criminal convictions. If an officer is found to have been dishonest, the prosecutor must disclose this information to defense attorneys in any case where the officer may testify. Officers with Brady issues become essentially unemployable in law enforcement.
We fight aggressively to prevent findings of dishonesty and to challenge such findings through administrative appeals and litigation when they occur.
Media and Public Opinion
High-profile cases involving police officers generate intense media scrutiny. Unlike civilian defendants who may remain anonymous, officer defendants often face:
Widespread media coverage
Social media campaigns
Protests and demonstrations
Political pressure on prosecutors
Public presumption of guilt
We manage media relations, protect our clients from saying anything that could be used against them, and work to prevent trials in the court of public opinion.
POST Certification and Decertification
The California Commission on Peace Officer Standards and Training (POST) sets minimum standards for peace officers and has authority to decertify officers. According to POST regulations[1], decertification can result from:
Mandatory Decertification:
Conviction of a felony
Conviction of certain misdemeanors (domestic violence, sexual assault, dishonesty)
Discharge from military for misconduct
Revocation of citizenship
Discretionary Decertification:
Serious misconduct
Dishonesty
Sexual misconduct
Excessive force
Drug use
Commission of acts that would be felonies or qualifying misdemeanors
POST decertification means:
Permanent inability to work as a peace officer in California
Loss of career
Loss of retirement benefits in some cases
Public record of decertification
We represent officers in POST proceedings, presenting evidence and arguments to prevent decertification or seeking to negotiate outcomes that preserve officer status.
Protecting Your Pension and Benefits
For many officers in Pomona and Los Angeles County, pension and retirement benefits represent decades of earned financial security. According to CalPERS data[4], public safety employees are entitled to retirement benefits calculated based on years of service and final compensation.
Criminal convictions and terminations can jeopardize these benefits:
Loss of Benefits:
Termination before vesting period completes
Forfeiture of benefits for certain felony convictions
Loss of enhanced retirement formulas for public safety employees
Inability to collect benefits while incarcerated
Protection of Benefits:
Vested benefits generally cannot be forfeited
Benefits are protected in many circumstances
Early retirement may preserve benefits
Settlement agreements can include benefit protection
We work with officers to structure resolutions that protect retirement benefits whenever possible. This may involve:
Negotiating resignation in lieu of termination
Timing of proceedings to preserve vesting
Settlement agreements protecting benefits
Early retirement before discipline is imposed
The Importance of Immediate Legal Representation
When you learn you are under investigation or have been charged with a crime, immediate action is essential.
Why Immediate Representation Matters
Preserve Evidence
Critical evidence can disappear quickly. We immediately:
Preserve body camera and dashcam footage
Secure radio transmissions
Obtain computer-aided dispatch records
Interview witnesses while memories are fresh
Document physical evidence
Preserve social media and electronic communications
Prevent Damaging Statements
Officers’ instinct is often to explain themselves and cooperate with investigations. However, anything you say can be used against you criminally and administratively. We ensure you don’t make statements that damage your case.
Invoke POBR Rights
Properly invoking your Peace Officer Bill of Rights protections requires knowledge and experience. We ensure all your rights are protected from the beginning.
Strategic Advantage
Early investigation may uncover evidence that:
Prevents charges from being filed
Results in charges being reduced
Strengthens negotiating position
Identifies defenses and defense witnesses
Prevent Parallel Proceedings Damage
Statements made in criminal proceedings can be used against you administratively and civilly, and vice versa. We coordinate strategies across all proceedings to prevent one case from damaging another.
What Not to Do
If you’re under investigation or have been charged, do NOT:
Talk to Anyone: Do not discuss the case with fellow officers, supervisors, family members, or anyone else except your attorney. Conversations can be subpoenaed and used against you.
Talk to Investigators: Do not speak with criminal investigators, internal affairs, or anyone else without your attorney present, even if you believe you can explain the situation.
Write Reports or Statements: Do not write reports, statements, or memoranda about the incident without attorney review.
Consent to Searches: Do not consent to searches of your home, vehicle, phone, computer, or any other property.
Take Polygraph: Do not submit to polygraph examination without attorney advice. Polygraphs are unreliable and inadmissible, but results can be used against you informally.
Post on Social Media: Do not post anything about the case on social media. Do not discuss it online or in any public forum.
Destroy Evidence: Do not destroy, delete, or alter any evidence. This can result in additional charges and will be used to show consciousness of guilt.
Critical Defense Strategies for Law Enforcement Officers
Defending police officers requires specialized approaches that account for the unique nature of law enforcement work and the heightened scrutiny officers face.
Establishing Reasonableness Under Graham v. Connor
In use of force cases, the legal standard is “objective reasonableness” established by the Supreme Court in Graham v. Connor. This means force must be judged from the perspective of a reasonable officer on the scene, not with 20/20 hindsight.
We establish reasonableness by demonstrating:
Split-Second Decision Making
Officers must make decisions in tense, uncertain, and rapidly evolving situations. We recreate the timeline to show how little time the officer had to assess and respond.
Threat Assessment
We present evidence of the actual threat posed by the subject, including:
Weapon possession or appearance of weapon
Aggressive behavior
Size and physical capabilities of subject
Number of subjects vs. officers
Environmental factors affecting officer safety
Subject’s statements or threats
Prior knowledge of subject’s violent history
Compliance with Training
We demonstrate that force used was consistent with department training and accepted police practices through:
Department use of force policies
Training records showing officer received instruction in techniques used
Expert testimony on police tactics
National standards from organizations like the International Association of Chiefs of Police
Proportionality
We show the force used was proportional to the threat and resistance encountered, escalating and de-escalating appropriately as the situation changed.
Medical Evidence
When injuries occur, we present medical evidence explaining injury causation, showing injuries were consistent with appropriate force application or were pre-existing.
Challenging Citizen Complaints and False Allegations
Officers frequently face false accusations from:
Arrestees seeking to avoid their own charges
Individuals with anti-police animus
People experiencing mental health crises
Those involved in lawsuits seeking financial recovery
Intent Challenges: Federal civil rights charges require proof of specific intent to violate constitutional rights. We challenge this by showing:
Officer acted in good faith
Officer relied on training and policy
Officer made reasonable mistake about legality
Officer did not have intent to violate rights
Federal Sentencing: When conviction occurs, we present mitigation evidence for sentencing:
Years of honorable service
Commendations and awards
Character references from community members
Family circumstances
Acceptance of responsibility
Lack of prior criminal history
Managing Civil Rights Litigation
Civil lawsuits under 42 U.S.C. § 1983 often accompany criminal cases. These lawsuits seek monetary damages for alleged constitutional violations.
We coordinate civil and criminal defense by:
Staying Civil Proceedings: Seeking to stay (pause) civil litigation until criminal case resolves to prevent criminal defendant from being forced to choose between exercising Fifth Amendment rights or defending civil case.
Discovery Coordination: Managing discovery to prevent civil discovery from providing evidence for criminal prosecution.
Qualified Immunity: Asserting qualified immunity defense, which protects officers from civil liability unless they violated clearly established constitutional rights.
Indemnification: Ensuring the employing agency indemnifies (pays judgments against) the officer as required by Government Code Section 995.
Critical Early Actions for Officers Under Investigation
The first hours and days after learning of an investigation are critical. Officers should immediately:
Contact an Attorney
Do not delay. Contact an experienced police officer defense attorney immediately upon learning of:
Criminal investigation
Internal affairs investigation
Notice to appear in court
Arrest warrant
Search warrant execution
FBI or other federal agency contact
Subpoena
Civil lawsuit service
Preserve Evidence
Take immediate steps to preserve evidence:
Do not delete any electronic communications (texts, emails, social media messages)
Do not alter or destroy any documents
Make contemporaneous notes about your recollection of events (provide only to your attorney)
Identify potential witnesses
Note locations of surveillance cameras
Photograph injuries or lack of injuries
Preserve uniform, equipment, and any other physical evidence
Invoke Rights
Properly invoke your rights:
Refuse to speak with investigators without attorney present
Invoke Fifth Amendment rights in criminal context
Invoke POBR rights in administrative context
Invoke Garrity protections during compelled statements
Do not waive any rights without attorney advice
Avoid Statements
Do not make any statements:
Do not talk to fellow officers about the incident
Do not talk to supervisors beyond what is legally required
Do not talk to media
Do not post on social media
Do not write reports without attorney review
Do not make recorded statements
Financial Preparation
Take steps to protect your financial stability:
Understand your sick leave, vacation, and other benefits
Review disability insurance and related policies
Consider financial planning for potential loss of income
Understand union representation and benefits
Review collective bargaining agreement provisions
Why Choose Tu Defensor Criminalista
When your career and freedom are at stake, you need an attorney who understands the unique challenges law enforcement officers face and who will fight aggressively to protect your career and your future.
We have experience representing law enforcement personnel and understand the unique challenges you face.
Coordinated Defense Strategy
We coordinate defense across multiple proceedings:
Criminal prosecution
Internal affairs investigations
POST proceedings
Civil litigation
Licensing and certification matters
We ensure that defense strategy in one proceeding does not create problems in another, managing the complex interplay between criminal, administrative, and civil cases.
Investigation and Expert Witnesses
We conduct thorough independent investigations and retain the best expert witnesses:
Use of force experts
Police practices experts
Forensic toxicologists
Medical experts
Accident reconstruction specialists
Forensic accountants
Computer forensics experts
Psychologists and psychiatrists
Aggressive Negotiation
When appropriate, we negotiate with:
Prosecutors for reduced charges or dismissals
Department representatives for favorable administrative resolutions
POST for alternative outcomes
Civil plaintiffs’ attorneys for settlements
Our reputation for aggressive advocacy gives us leverage in negotiations.
Trial Expertise
When cases must go to trial, we are prepared to fight. Our attorney has trial experience and understands how to present police officer defendants effectively to juries.
Media Relations
We manage media relations to protect your reputation, providing statements when appropriate and ensuring you don’t make damaging public comments.
Bilingual Services
We provide fully bilingual legal services in English and Spanish, serving the diverse law enforcement community in Pomona and Los Angeles County.
Pomona Law Enforcement Community
Pomona, with a population of approximately 151,000 according to the U.S. Census Bureau[5], is served by several law enforcement agencies:
Pomona Police Department: The primary law enforcement agency for the city, with approximately 200 sworn officers serving the community.
Los Angeles County Sheriff’s Department: Provides law enforcement services in unincorporated areas near Pomona and operates the Pomona courthouse security.
California Highway Patrol: Maintains a significant presence on Interstate 10, State Route 60, and other highways passing through Pomona.
Other Agencies: Various state and federal agencies have jurisdiction in Pomona, including:
FBI
DEA
ATF
U.S. Marshals Service
California Department of Justice
California Department of Corrections and Rehabilitation
Officers from any of these agencies may face criminal charges, administrative proceedings, or civil litigation in connection with their duties in or around Pomona.
The Challenges of Policing Pomona
Pomona presents unique policing challenges:
Diverse Community: With approximately 71% Hispanic/Latino population, significant language and cultural considerations affect police-community relations.
Gang Activity: Parts of Pomona have experienced gang activity, requiring aggressive enforcement that sometimes leads to use of force incidents and allegations of civil rights violations.
High-Crime Areas: Certain neighborhoods experience higher crime rates, placing officers in more dangerous and challenging situations.
Economic Challenges: With median household income of approximately $67,000, socioeconomic factors contribute to crime and affect police-community dynamics.
Transit Location: Pomona’s position at the intersection of major freeways makes it a transit point for drug trafficking and other criminal activity, increasing law enforcement activity and the potential for confrontations.
Officers policing Pomona face difficult situations daily, making split-second decisions under pressure. When these decisions are second-guessed by investigators, prosecutors, and the media, officers need attorneys who understand the reality of law enforcement work.
Should I talk to internal affairs or criminal investigators?
You should not speak with investigators without consulting an attorney first. You have Peace Officer Bill of Rights protections, but you must invoke them properly. Contact an attorney immediately when you learn of an investigation.
Will my department provide me with an attorney?
Departments may provide attorneys for civil litigation (Section 995 representation) but generally do not provide criminal defense attorneys. Even for administrative proceedings, you may want to hire private counsel rather than relying on department or union-provided attorneys who may have conflicts of interest.
Can I be forced to answer questions during an internal affairs investigation?
Under the Peace Officer Bill of Rights, you can be ordered to answer questions, and refusal can result in termination for insubordination. However, statements made during administrative proceedings generally cannot be used against you criminally (Garrity protection). An experienced attorney helps you navigate this complex situation.
What is a Loudermill hearing?
A Loudermill hearing (also called a Skelly hearing) is a pre-termination hearing where you can respond to proposed discipline. This hearing is required before termination and provides an opportunity to present your side and potentially avoid termination.
Will a criminal conviction end my law enforcement career?
Felony convictions will end your peace officer career. Certain misdemeanor convictions (domestic violence, sexual offenses, dishonesty) will also result in POST decertification. Other convictions may result in termination by your department even if POST doesn’t decertify you.
Can I carry a firearm while under investigation or after charges are filed?
This depends on the nature of the investigation and charges. Domestic violence restraining orders and certain charges may prohibit firearm possession, making it impossible to perform your duties. Your department may place you on administrative leave and require you to surrender your service weapon during investigations.
What is a Brady/Giglio issue?
Brady/Giglio issues arise when officers have sustained findings of dishonesty or other misconduct that affects their credibility as witnesses. Prosecutors must disclose this information to defense attorneys, making officers with Brady issues unable to testify effectively and essentially unemployable in law enforcement.
Can I retire before disciplinary proceedings are completed?
Sometimes. Early retirement before discipline is imposed may preserve pension benefits and allow you to leave with a clean record. However, departments may try to expedite disciplinary proceedings to prevent this. An experienced attorney can advise on timing.
What happens to my pension if I’m convicted or terminated?
Vested pension benefits are generally protected, but you may lose benefits if terminated before vesting or convicted of certain felonies related to your employment. The California Public Employees’ Pension Reform Act (PEPRA) addresses benefit forfeiture in cases of job-related felonies.
Should I resign if asked?
Not without consulting an attorney. Resignation may seem like the easy way out but can have serious consequences for unemployment benefits, pension calculations, future employment references, and your ability to challenge the department’s findings. An attorney can help you understand all implications before making this decision.
Contact Tu Defensor Criminalista for Pomona Police Officer Defense
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
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