Law Enforcement Officers with Disciplinary Complaints before the POST Commission
The Dolley Law, LLC represents law enforcement officers who receive disciplinary complaints from the Peace Officer Standards and Training Commission (POST) and can be found on the Fraternal Order of Police Legal Defense Plan attorney list. The Firm prides itself on its commitment to legal support for law enforcement, providing representation in POST disciplinary matters, internal and administrative investigations, and appeals, including employee suspension, demotion and termination cases. See also Law Enforcement Employment Law.
Complaints to POST
The Law Offices of Kevin J. Dolley realizes disciplinary cases require action within a very short period. If you are a police officer or law enforcement officer in need of experienced legal defense, the Firm has the knowledge and reputation needed to protect your legal rights.
When POST receives a complaint against a law enforcement officer, the director reviews the complaint. If the director believes cause exists to discipline the officer’s license, POST files a complaint with the Administrative Hearing Commission (AHC). POST may send a settlement offer to the officer with a copy of the complaint. If you receive a complaint, it is important to obtain representation quickly. Complaints and settlement agreements can negatively impact your license and affect your career for years. Our Firm can negotiate and potentially prevent discipline against law enforcement officers. The Firm's successes speak for themselves, as we have been able to reverse or limit disciplinary actions against many police officers.
Potential Peace Officer Discipline Under Missouri Law
The following conduct may result in discipline of a peace officer’s licensed under Missouri law:
- Committing a criminal offense, whether or not charges have been filed;
- Being unable to perform the duties of a law enforcement officer with reasonable competency or safety as a result of a mental condition, alcohol abuse, or substance abuse;
- Committing an act involving moral turpitude or reckless disregard of public safety while on duty or under color of law;
- Misrepresenting a material fact to obtain a license;
- Probation violations.
The POST Disciplinary Process
The complaint may be resolved as part of the initial proceedings through dismissal or agreement between the parties as to discipline. Potential forms of discipline include probation, suspension, or revocation.
If the complaint is not resolved as part of the initial investigation, it may be referred to the AHC for a hearing to determine whether the law enforcement officer’s license is subject to discipline. A hearing before the AHC is similar to a bench trial and POST must present evidence and prove a violation of Chapter 590 RSMo or related regulations. If the law enforcement officer prevails, the case ends without further proceedings. If the AHC finds the officer’s license is subject to discipline, POST holds a second hearing to determine the appropriate discipline. The level of discipline imposed is based on the findings of the AHC, the officer’s testimony at the hearing before POST, and mitigating circumstances.
It is crucial to have experienced counsel on your side to protect your interests and avoid unnecessary discipline of your license. The Law Offices of Kevin J. Dolley will assist you in preparing a strong response and defense in order to protect your license and employment.
Immediate License Suspension
In limited situations, POST may immediately suspend a law enforcement officer’s license. These situations include being charged with or convicted of a felony, having a peace officer license revoked by another state, and presenting a clear and present danger to the public health or safety. Law enforcement officers faced with an immediate license suspension have the right to appeal to the AHC, which must hold an emergency hearing within 5 days. Time and experience are critical in these situations and you need an attorney who is experienced and capable of litigating your case on extremely short notice. Contact the Law Offices of Kevin J. Dolley immediately if you receive notice that your peace officer license is suspended.
Criminal Convictions and their Impact on Professional Licenses
When faced with criminal prosecution, special attention must be paid to the impact a judgment or plea agreement will have on your professional license. Criminal charges, convictions or guilty pleas, whether felonies or misdemeanors, are reported to POST. Certain crimes can result in immediate suspension of your license, while others may result in an administrative complaint. Decisions made during the criminal process, including before charges are filed, can impact your license. If you have been accused of a crime or have recently been convicted or pled guilty, please contact our professional licensing defense attorneys to discuss your options and help protect your professional license.
If POST denies an application for licensure, you have the right to appeal under Missouri law. After receiving written notice of the denial from POST, a law enforcement officer may file a complaint with the AHC. A trial-type hearing then occurs, after which the AHC can overturn POST’s decision and grant the officer a license. Legal representation is important during this process to ensure proper procedures are followed and legal standards are met. If POST denied your application for licensure as a peace officer, contact the Law Offices of Kevin J. Dolley.
If you are notified that a complaint has been made against your Missouri peace officer license or that you are accused of violating probation, contact the Law Offices of Kevin J. Dolley to obtain experienced legal counsel to address the situation by calling (314) 645-4100 or by email at firstname.lastname@example.org.