California Professional Licensing Defense Attorneys
A professional licensing board is likely to discipline a licensee when his or her conduct is substantially related to the qualifications, functions or duties of the profession. Understanding the license review process and hiring the right lawyer are essential components to obtaining a favorable outcome before a professional licensing board.
The Professional Licensing Process
A licensing board will often file an "Accusation" against a licensee who is convicted of a crime, or who otherwise engages in conduct deemed offensive to the Board. This Accusation will usually state that the Board intends to revoke the license at issue.
The licensee must respond to the Accusation within fifteen days. Failure to respond in a timely manner will usually result in a default judgment being entered against the licensee, often resulting in a revocation of the license.
A licensee who timely responds to the Accusation and who is represented by competent counsel will often be able to resolve the matter in a manner that does not result in a complete revocation of the license. Although the Board may impose a complete revocation of the license, the Board may also impose lesser discipline, including suspension or probation.
Factors that are typically considered by the Board in determining the appropriate level of discipline include:
- Nature and severity of the acts, offenses or crimes under consideration;
- Actual or potential harm to the public
- Actual or potential harm to the licensee's patient or client
- Prior disciplinary record
- Number and/or variety of current violations
- Mitigation evidence
- Rehabilitation evidence
- In the case of a criminal conviction, compliance with conditions of sentence and/or court-ordered probation
- Overall criminal record
- Time passed since the acts or offenses occurred
- Whether a court has granted an expungement of the criminal offense pursuant to California Penal Code section 1203.4. (Almost all boards view a conviction that is expunged more favorably than one that has not been expunged.)
What to Look for in an Attorney
If you are a professional facing a disciplinary board, hiring the right lawyer can offer you the best chance of saving your license. Your attorney needs to:
- Understand the detailed regulations and the disciplinary guidelines of the Board that licensed you
- Understand how the Board has disciplined others who have committed offenses similar or identical to the violation of which you've been accused
- Understand what he can do to have the Board view your case favorably
- Provide you with a list of things you can do to improve the outcome with the Board
The best outcomes occur when the licensee and the attorney work together to show the Board that the licensee is unlikely to reoffend and that the licensee has addressed (or is addressing) the problems that led to the offending conduct.
Before selecting a lawyer, ask them these questions. Doing so will help you determine whether or not they should handle your case.
- Of the last ten professional licensing matters you've handled, how many of those clients had their license revoked without being offered probation?
- What factors in my case will determine whether it is likely that we can avoid revocation of my license?
- What are "underground rules?" (If the attorney you interview can't answer this question, they are not an expert in professional licensing)
- Tell me about the different types of professionals you've represented in professional licensing matters.
- Who has the burden of proof at a hearing before the Administrative Law Judge and what is the legal standard of proof required?
- Do different boards treat the same offense differently? And if so, why?
Choose Jeff Hammerschmidt to Represent You Before the Board
A few words from Attorney Hammerschmidt:
"I spent more than twelve years serving as a Deputy District Attorney, prosecuting all types of crimes, from misdemeanors to homicides.
When I started my own practice defending persons accused of crimes, I represented many professionals, including physicians, nurses, attorneys, Emergency Medical Technicians, firefighters and others licensed by the State of California.
These clients were often more concerned about the effect on their professional license than they were about the punishment for a criminal conviction.
As a result, I developed an interest in representing people in disciplinary proceedings involving their professional license. What I found was that the skills needed to be an effective criminal defense attorney were nearly identical to the skills needed to represent people in professional licensing matters.
For example, in a case in which a client has been convicted of an offense involving the use of alcohol or drugs, I can often obtain a lesser punishment in criminal court if I can prove to the court that my client is not addicted to drugs or alcohol, or that my client is addicted but is receiving treatment. Similarly, a client who is able to prove to the Board that he or she is dealing with the problem that led to the offending conduct is much more likely to retain his or her license than a person who hasn't addressed the problem."
Can the same attorney handle your criminal and professional license matter?
If you have been charged with a crime, it may be beneficial for the same lawyer to represent you in the criminal matter and the matter before the licensing board. Due to geographical limitations, however, it may not be practical to do so. Criminal cases often involve numerous court appearances and it may not be cost-effective to hire an attorney to represent you if that attorney resides a long distance from the court in which you are being prosecuted.
If you hire someone else to represent you in a criminal matter, it is beneficial for your professional license attorney to coordinate with your criminal defense attorney at an early stage of the proceedings. Your lawyer can consult with your criminal defense attorney on issues involving plea bargaining and sentencing that may affect your professional license.
Is it necessary to hire a local attorney for a professional licensing matter?
No. Unlike a criminal case, which often involves multiple court hearings, the vast majority of the work performed by your professional licensing attorney will be performed in their office by letter and by telephone. A large portion of the matters in which a Board files an Accusation will be resolved by a settlement, rather than by having a hearing before an Administrative Law Judge. Even when a hearing does occur, it would require your attorney to travel only for this one occasion. It is much more important that you have an attorney skilled in professional licensing than it is to have an attorney who lives in your locale.
Have you previously been convicted of a crime and now want to apply for a professional license?
There are numerous things you can do to increase your chances of successfully applying for a professional license. These include petitioning the court to have a felony conviction reduced to a misdemeanor. You also have the right to seek expungement of a criminal conviction for which you successfully completed probation.
For more information about professional licensing defense, contact the Law Office of Jeffrey T. Hammerschmidt online or by calling 559.233.5333. We offer a free initial consultation.
