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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25423
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i am alicensewd psychologist in claifornia and at age 63

Resolved Question:

i am alicensewd psychologist in claifornia and at age 63 with no record i was chraged witrh delivery of a controlled substance to a homelss person
\who while in my car took my medication( one pill) from my cup holder, I have pleaded nolo contendre , received a "wiithhold of adjudication" and ended my probation early.I received calls from aclif incvestigtor from teh ste who after moch time sent my case to teh attroney generals ofice of california
ireceived aletter saying they would be taking steps to dtermine teh effects upon my california license.It seems severe to revoke , suspend or? a license for a first aofffens to a working profesionalwho has never committed a seriuos crime.hwo do i approach this?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Customer

While a plea of no contest along with a withholding of adjudication is one way to resolve a criminal matter without having to be burdened with a criminal record, it does involve the taking of a plea and the imposition and requirements and completion of a criminal sentence. Licensed health care providers and other types of licensed professionals ( lawyers, for example) are overseen by state boards who are still allowed to see criminal background information that is closed to the rest of the general public. It is, therefore, not surprising that they are going to be looking into this case to determine what possible sanctions they ought to impose upon you, nor, given the charge, which is a felony, would the possibility of revocation or suspension be unrealistic.

As the facts and circumstances of the alleged delivery, however, may be less detrimental than the taking of a plea itself, I would recommend retaining a criminal lawyer who would be able to represent you at the hearing to put this this incident in its best light.

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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Customer: replied 7 years ago.

so if and when it goes to the psychology board obtain a lawyer/

to addres californi administratuive law

tehinvestigator referre to me as a trafficer and a felomn

while i am neither

i suppose his intention was to intimidate me

i haved already apeared in front of teh florida board and withdrawn my application because of 456.... the new law signed in julyy making any new applicants unable to get licensed in flroida until the law is reapealed

I suppose a new lawyer could

1. obtain teh records form teh dag's office

2.prepare a respinse and present it to the board inwrotingas i amno longer in gthat state?

3. i suppose i alre4ady knew that but thank you

Expert:  Zoey_ JD replied 7 years ago.
I understand your point that you have no criminal record. However, you were able to resolve your case in that way because the state gave you a break since it was your first arrest. That notwithstanding, for purposes of your licensing board there is no getting around the fact that you pled to a felony drug sale charge and served a felony sentence. The investigator was not just intimidating you. Your plea is not under scrutiny. Your conduct is at issue.

I don't have the facts, nor do I think that they would be appropriate here on a public forum. I can envision situations where someone with this charge may be technically guilty under the law as written but nevertheless not have been behaving criminally so. I can also imagine situations in which someone with this charge has acted feloniously. If your situation is the former (or more of the former) rather than the latter, an experienced lawyer might make a difference at an administrative hearing.

I did not know, as you did not say earlier, that you'd already appeared before a Florida board on the same matter. Nor am I conversant with the provision you barring new applicants under Florida 456. But yes, a new lawyer could obtain the records from the DAs office and prepare a response if he determined that doing so could make a difference.
_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.


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