The conclusion of a license lawsuit is generally the same as a criminal or civil law suit, in that it does not frequently go to trial. Rather, license suits are usually settled between the parties outside of the courtroom, and are completed by the signing of a Stipulated Settlement.
The agreement is drafted by the Agency, usually includes an admission of wrongdoing on the part of the licensee, and is binding on him unless rejected. On the flipside, the agreement only binds the Agency if approved.
Negotiations take place to determine what the licensee will admit, the punishment, the length of his probationary period, and any other forms of discipline. However, much of what is stated in a Stipulation Settlement is determined based on the regulations of the Agency, with little room for bargaining.
Settlement is a good option for a licensee that cannot afford a long-term attorney, is knowingly guilty of the offense, or who would simply like to see the matter resolved as quickly and peacefully as possible. In some cases, the proposed settlement may be so offensive or unforgiving to the defendant that trial is the only logical way to go. In these cases, the fight may be uglier, but still worth it to try to avoid a crippling punishment, as offered in the settlement.
Further, the board for the Agency may not even approve the proposed and agreed upon settlement. In these cases, the case usually will proceed to a hearing, or the board will give an indication as to which terms of the agreement were acceptable and which were not. This gives the parties a jumping-off point to resume negotiations on a more specific set of issues.
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 info@unlocklegal.com.