In Texas, professional law enforcement officers are licensed by the Texas Commission on Law Enforcement. This organization is authorized to investigate complaints against a law enforcement officer in situations in which there is an alleged violation by that law enforcement officer of a law or a rule regarding training, licensing, certification, or the license-holder's appointment. It also handles scenarios where a law enforcement officer has been convicted of a criminal offense or has been placed on court-ordered probation or suspension for the same. When the Commission is overseeing a complaint that falls within its jurisdiction, a law enforcement officer's license, career, and livelihood are in peril.
Complaints may be filed with the Commission by anyone at all. When the Commission receives such a complaint, it is reviewed by Commission investigators, first in order to ensure that the Commission has jurisdiction over the allegations. If this preliminary investigation reveals that there may have been a violation that falls within the Commission's purview to continue, the Commission's enforcement division will open either an administrative or criminal case against the licensee. Where the enforcement division's investigation finds that evidence exists that there has been a commission of a criminal offense, the Commission is likely to either levy disciplinary action on the law enforcement officer's license, or to file criminal charges against the officer, depending on the situation.
The officer faces repercussions either way. Naturally, whether disciplinary action is taken will depend on the nature of the alleged offense and the determination of the courts. Such discipline may range from mere reprimand, to suspension of the officer's license, to full revocation of licensure.
The Commission is required by law to give a licensee notice of whatever disciplinary action it intends to take. The officer under fire, in turn, has the right to file an answer to the allegations and to request a State Office of Administrative Hearings proceeding. There the officer may argue their case in full, and put up a defense.
At every stage of this process, an experienced professional license defense attorney is essential. Our law firm helps law enforcement professionals keep their licenses when those licenses are under attack by a Texas agency, Board, or commission. With offices in Austin, Houston, and San Antonio, we serve professionals all over the state. As experienced attorneys well-versed in state administrative and licensure laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.