A licensing board decides whether to revoke or suspend a law enforcement license based on evidence that shows the license holder has committed a crime or violated a rule set forth by the Texas Commission on Law Enforcement (TCOLE). If TCOLE is investigating a complaint made against your license, you’ll want to work with an experienced attorney.
A Texas law enforcement license defense lawyer can protect your license and defend you against criminal charges. An experienced attorney can also provide the information you need to understand how TCOLE and other bodies decide a case. Let’s take a closer look at the process involved with deciding to revoke or suspend a license.
How a Licensing Board Decides Whether to Suspend or Revoke Your Law Enforcement License
An Investigation of your law enforcement license begins when an individual files a complaint against you with the Texas Commission on Law Enforcement (TCOLE). Once TCOLE receives the initial complaint, it conducts a preliminary investigation and, depending on the results of the investigation, decides whether to begin an administrative or criminal case.
Once the case has been opened, TCOLE will review the evidence available and decide whether to revoke or suspend your law enforcement license. TCOLE refers to specific state laws to determine if your offense is serious enough to warrant license suspension or revocation.
Laws That Determine Whether Your Law Enforcement License Is Suspended or Revoked
Upon reviewing evidence, if TCOLE finds that you have violated one of the provisions described in Tex. Occ. Code §1701.501, it can choose to take disciplinary actions against you, such as suspending or revoking your law enforcement license.
However, TCOLE can only revoke the license if you are convicted of a felony that’s directly connected to your work duties. In some situations, your offense might not be serious enough for license revocation or suspension. In this case, TCOLE may opt to impose an administrative penalty, like a fine.
You Have the Right to Request a Hearing
Once TCOLE has notified you regarding the disciplinary action they intend to take, you have the right to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings (SOAH). During the hearing, you’ll be able to tell your side of the story and offer any evidence that challenges the allegations made against you.
Once the ALJ has heard your case, they will send a Proposal for Final Decision (PFD) to TCOLE. A PFD is essentially the ALJ’s recommendation as to whether TCOLE should decide whether to revoke or suspend your law enforcement license.
Once TCOLE has received the PFD, its Board of Commissioners will make the final decision. To give yourself the best chance possible at getting a favorable verdict, you’ll want to work with a license defense lawyer. An experienced attorney can present a compelling argument during the hearing and fight to protect your license.
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How a Law Enforcement License Defense Lawyer Can Help You
Complying with a law enforcement license investigation can be nerve-wracking and confusing. When your career is on the line, you won’t want to leave anything up to chance. Luckily, working with an attorney can give you the resources and assistance you need to protect your best interests.
A lawyer can take a number of different steps to ensure your license defense case results in a positive outcome. Here are some of the actions you can expect an attorney to take during your case:
- Help you respond to the initial complaint correctly and promptly
- Investigate the allegations made against you
- Gather evidence, including witness testimony, video footage, police reports, communication records, and other documents
- Use evidence to build a strong license defense case
- Represent you during administrative and criminal proceedings
- Present compelling evidence and convincing legal arguments
- Answer any questions you have throughout your case
These are only a few of the steps your lawyer will take to defend your license. No matter how complicated or drawn out your case is, you can count on your legal representative to do what’s right for your case. To give your attorney the time they need to build a solid defense, make sure you reach out to a law firm ASAP.
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Learn More About How the Licensing Board Decides to Revoke or Suspend a Law Enforcement License
At Bertolino LLP, we understand how stressful it can be to face a law enforcement license investigation. That’s why our team is here to advocate on your behalf and work hard to protect your license from disciplinary action.
Contact us today to schedule a free consultation and get started on your case. During your consultation, we’ll ask you about the allegations you’re facing and discuss your options moving forward. We’ll also explain how the licensing board will decide whether to revoke or suspend your law enforcement license. We look forward to hearing from you soon.
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