For better or for worse, licensing law actions are not expedient processes. Unlike many cases in criminal law, time does not seem to be of the essence in resolving, penalizing, or dismissing a licensing case. There is no statute of limitations for the governing board to enforce any action involving the revocation, suspension, or probationary period for a license. Regardless of the date of an incident, a licensee can be penalized for years thereafter.
The bright side of this seemingly inefficient process is that licensees also do not have to worry about discipline occurring immediately after a criminal proceeding. There is no automatic punishment, there will be formal notice and hearings if need be, and the licensee can use his license and work up until the day a penalty is delivered. A revocation or suspension will only occur after a long administrative course of due process rights for the defendant. An experienced license defense attorney can usually get an extension on the time before initial proceedings, which is crucial for the client. This allows him to engage in financial planning and brace for a worst-case outcome years in advance.
Likewise, the Board or Agency must give adequate weight to factors of mitigation, such as rehabilitation of the client. If the extension period is granted, it leaves more time for the client to attend workshops, classes, meetings, and other courses to indicate a pattern of effort and change to the Board. Choosing an attorney may, in fact, be the wisest decision for a licensee facing criminal charges. The ability of an experienced lawyer to extend the time between the offense and the punishment, allow for pre-planning, and urge the Board not to hand down penalties until the final decision is made is vital to the economy of the client.
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.