Understanding the Significance of Penal Code 23
Penal Code 23 (PC 23) is a significant obstacle for licensed professionals facing criminal charges. According to this statute, the relevant licensing board could ask the court to suspend your professional license while your criminal case is pending. This suspension can occur during bail proceedings and potential probationary terms.
Losing your license during a criminal case can be catastrophic. We can immediately contest the first suspension request by demonstrating the discrepancy between the criminal accusations and your capacity to deliver your mandate without compromising safety. Alternatively, we could push for less disruptive measures that minimize the impact on your reputation in the workplace.
Your attorney's negotiation skills are paramount. This is one of our selling points. We can work with the prosecution to reach a plea agreement that does not include suspending your license. We will represent you in court, providing evidence and advocating for the continuation of your license if there is a hearing to determine your professional licensure.
Licensing Boards and Their Investigative Process
Licensing boards protect the public's trust in their respective professions by enforcing ethical norms and investigating claims of wrongdoing against licensed professionals. These allegations include criminal charges or violations of established standards of practice. When these complaints are made, a formal process is initiated to determine their validity and any potential consequences.
The process begins with anyone filing a formal complaint against you, detailing the alleged violation, and providing evidence. After that, the board performs a preliminary review to ensure the complaint is within its purview and passes a minimal credibility threshold. The board will reject frivolous complaints or those outside its purview.
If the complaint warrants further investigation, an investigator will be tasked with gathering evidence. This could entail asking you and the complainant for documentation, interviewing pertinent individuals, and, if necessary, reviewing your disciplinary record.
After completing the investigation, the board will notify you of the allegations and allow you to respond. We will help ensure you provide well-considered responses that effectively address the accusations.
The board carefully considers the evidence gathered and your response. If there is insufficient evidence, the complaint is dismissed. Sometimes, the board will try to mediate a non-formal settlement between you and your accuser(s). However, if the board finds substantial evidence of misconduct, it will pursue formal disciplinary action. This action could be a written warning or even the suspension or revocation of your license. The type and gravity of your demonstrated wrongdoing determine how harsh the penalties will be.
Formal Accusations and Your Professional License: How to Fight Back
Even in cases where there is no connection to a criminal case, a formal accusation of professional misconduct about your licensure can seriously impact your professional status. At Riverside License Attorney, we know how serious these accusations could be. We are devoted to creating a strong defense strategy to protect your license.
Our approach prioritizes quick action. As soon as you hire us, we formally refute the allegation by filing a Notice of Defense. We then move to secure access to the evidence the licensing board is building against you. Because we understand the case, our team can create the best action plan for your particular circumstances.
The defense strategy we settle on could include several options. We carefully examine the charge and the evidence that backs it up. If we identify flaws in your case, we will work to have the case dismissed. Sometimes, negotiating a favorable settlement with the licensing board is the best course of action. Doing this reduces the possibility of adverse effects on your license and can be done with little difficulty. However, if a hearing is required, you will be well-represented. We mount a strong case during the hearing that argues for your acquittal and safeguards your professional license.
Your best interests continue to be our priority during this process. We carefully consider every avenue open to us and take the one that has the best chance of working out well for you.
