Professional Licenses and Criminal Charges in Texas
Austin Professional License Defense Lawyer
In criminal courts, defendants are presumed innocent until proven guilty beyond a reasonable doubt. But this presumption does not apply to administrative law proceedings in general, and licensure matters in particular. In fact, when Texas healthcare professionals are charged with certain offenses, the Texas Medical Board (TMB) often takes very aggressive action against licensees. Furthermore, while criminal defense attorneys are intimately familiar with the facts and applicable federal or state penal laws, they are not well-versed in administrative law and licensure matters. As a result, decisions can be made that adversely affect your livelihood.
Here at the office of Oscar San Miguel, Attorney at Law, my professional team and I routinely handle these matters before a wide range of professional associations in Austin. In fact, I limit my practice to professional licensing issues. Because of this focus, we have developed proven methods which, in many cases, produce results that exceed your expectations in terms of both the process and the outcome.
Criminal Charges and Adverse Action
The state carefully scrutinizes current court records, and in the TMB's opinion, certain charged offenses are cause to question the licensee's fitness to practice a chosen profession. These offenses include:
- Assault: Too many state investigators, this offense indicates a serious lack of self-control. Furthermore, in many instances, alcohol or drugs are involved in some way.
- Embezzlement: Siphoning money from a corporate or another account for personal reasons is dangerously close to Medicare or Medicaid fraud, and these offenses could trigger a federal investigation that the state does not want to endure.
- Drug Possession: Substance abuse and self-medication are serious problems in some professions, and unfortunately, many investigators believe that where there is smoke, there is probably fire.
- Alcohol Offenses: The same reasoning applies to major crimes like felony DUI, as well as public intoxication and other seemingly minor offenses.
- Theft by Check: An NSF check in any amount is considered a crime of moral turpitude, placing it on par with some of the worst offenses in the Penal Code, from a moral perspective.
In addition to embezzlement and theft, other crimes of moral turpitude include homicide, animal fighting, and in some cases, conspiracy.
What an Attorney Can Do
Early intervention is usually one of the best approaches, because it gives an attorney more time to assess the situation and prepare a proper response. Partnering with an attorney is not an admission of guilt or implication that you have something to hide. In fact, the opposite is often true: such a move shows the investigator that you take the matter seriously.
There are nearly always extenuating circumstances in these matters, but these circumstances are explanations and not excuses. For example, miscommunication with a spouse or business partner could cause a record-keeping error in financial transactions, and resolving that problem goes a long way towards convincing the investigator that there is no reason to take adverse action.
A Strong Voice for You
The Texas Medical Board may not be on your side in licensing matters. For an effective defense from an attorney located in Austin, contact Oscar San Miguel, Attorney at Law, by calling 512-949-5061 today.