Professional License Defense
You are a professional who has worked your whole life to obtain your license, and now, you find out that it might be taken away based upon one mistake! You may be a lawyer, doctor, or other health care-related professional. The Board has sent you a letter in the mail notifying you of a complaint and of an investigation into your conduct.
The complaint against you accuses you of professional misconduct or criminal activity. Such conduct may relate directly to your conduct on the job, or be something that occurred outside of your job and in your personal life. For example, it may be related to a criminal conviction, patient care, or unlicensed activity.
If the complaint is related to a criminal matter, you may feel surprised to find out that something so private can affect your public profession. What is especially surprising is if your criminal attorney told you the offer was a good deal and to take the plea.What are the Consequences?
If you are facing a complaint of professional misconduct, you are facing a wide range of consequences including: revocation of your license, suspension of your license, probation, civil penalties, and/or voluntary surrender of license.
- Revocation of your license: this is the worse consequence and means that you can no longer practice your profession.
- Suspension of your license: the Board is suspending your license for a fixed period of time, until certain conditions are met.
- Probation: the Board is giving you a break – or an alternative to revocation and suspension- by instead asking you to fulfill certain conditions. An example of a probation condition could be taking educational or treatment classes.
- Fines: you are asked to pay money out of pocket as punishment.
- Voluntary surrender of license: a consensual agreement between you and the Board in which you agree to give up your license.
Due to our criminal defense and prosecution background, we can help you to obtain the best consequence possible – a DISMISSAL. Unlike an employment lawyer or health care lawyer, this is exactly what we do all day – we prove that are client-defendants are innocent under the law. We are skillful in plea-bargaining, and have the trial experience to fight you case before a Judge. Let’s spell out exactly how we can help you every step of the way:
- Complaint is filed with the Board: The Board receives either a formal complaint or a licensee’s self-report. A formal complaint can be filed by a Superior Court Judge, employer, colleague, patient or other individual. Self-reporting means that you have been charged with a crime and, depending on the nature of the crime and your profession, have a duty to report it to the Board.
- Lavy Lawyer: As your representative, we will act quickly to contact the Board on your behalf and communicate with them. This will help limit their direct contact with you and prevent them from obtaining incriminating statements. Also, we will try to gather as much information from them upfront as possible to prepare your defense.
- Investigation: After a complaint is filed with the Board, the Board will make a decision whether to investigate it or not. Although most Boards have sweeping authority, they can only investigate if the alleged misconduct falls under their jurisdiction. Once an investigation takes place, you and the complainant (if applicable) will be notified.
- Lavy Lawyer: During the investigation, you may be asked to give a written statement, be interviewed by an investigator, and give live testimony to an expert- such as a psychologist. Your Lavy Lawyer will draft and file your formal response to the Board. Additionally, we will help prepare you for any interview and represent you at that interview so you feel confident and give information favorable to your case.
- Disciplinary action: After conducting the investigation, the Board will make a decision on whether to discipline you or not. If you are disciplined, you may face revocation, suspension, probation, and/or fines.
- Lavy Lawyer: we will encourage you to fight the adverse decision through an administrative appeal. Or, we may contact the Board prior to their decision and negotiate a favorable outcome for all parties- such as probation.
- Administrative appeal: If you disagree with the Board’s decision to discipline you, you are allowed to have a Judge review the allegations against you and overturn their decision.
- Lavy Lawyer: we are in our most familiar territory at this stage in the process – the courtroom. Just as we do in criminal court, we will fight for your innocence before the Judge. Before court, we will draft a legal memorandum with supporting evidence, as well as obtain stipulations or facts in agreement with the state attorney general. At court, we will present witnesses, cross-examine government witnesses, and present a compelling closing argument. Then, the court will take the decision under submission and you will receive a decision by mail in your favor- reinstating your license.