The Basics of License Law – Accusation, Notice of Defense
In defense of a professional license, lawyers must first look to the accusation. The accusation is very formal and lays out the plan for the prosecutorial body, usually the Agency. This plan describes the wrongful conduct of the licensee, why the Agency has issue with it, and what the disciplinary case is against the licensee. Reading this document allows the defense attorney to game plan based on what she knows the Agency will say or do to penalize her client.
Important to note is that the accusation is a matter of public record, despite being an arbitrary set of statements which only appear to be fact. Rather, these are not proven statements, as no trial has taken place, so the defendant must recognize the Agency is simply trying to shed negative light on him to aid in its case.
The licensee does not automatically lose a case after being accused, no matter how harsh the accusation. Instead, the licensee will have to return a Notice of Defense to the Agency or its attorney. This document is acts as a denial of the charges and notice that the defendant plans to appear at a hearing. To complicate matters, the licensee has 15 days from the day the Agency mails the Notice to ensure the Agency receives the completed Notice. The licensee, therefore, must factor in the time elapsed in the mail for reception and the return of the Notice, and deduct that from the 15 day limitation.
Failure to return a Notice of Defense may result in a default judgment against the defendant, which likely leads to the revocation or denial of his license.
For an individual with a professional license, the protection of said license is of the utmost importance. Finding an attorney to handle this defense and ensure the defendant has the best possible chance to maintain his license is crucial.
If you or someone you know is facing criminal charges, or their professional license is at risk, contact Attorney Miranda McCroskey for an immediate consultation at (833) 865-6253 or email her at firstname.lastname@example.org.