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Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
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Ive been charged with both a felony and a misdemeanor for

Customer Question

I've been charged with both a felony and a misdemeanor for "obtaining money under false pretenses" where they allege I've committed return fraud. What effect does either or both have on obtaining a medical license in Virginia? Is their any way to avoid convictions (I have no criminal record) without going to trial?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Steinlaw replied 7 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

A felony will prevent you from obtaining a medical license in VA. A misdemeanor will not. You may be able to plead out to the misdemeanor by entering a plea of no contest. You want a good, experienced criminal defense attorney to try to get this done for you.

Good luck.

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Steinlaw and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
What if its a misdemeanor involving moral turpitude? I think fraud is one of them, and "false pretenses" crimes including larceny is classified under fraud. Would such a misdemeanor prevent me from medical licensure in VA?
Expert:  Steinlaw replied 7 years ago.
If it is a misdemeanor invovling moral turpitude than you could have an issue. It is going to depend on which subsection they charge you with. This is one area where an experienced local criminal defense attorney can use some pull to get the subsection to one that will not give you a problem.
Steinlaw and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
is 18.2-178 such a section?
Expert:  Steinlaw replied 7 years ago.
Yes. It is obtaining money by false pretenses. You can read that section here:

Customer: replied 7 years ago.
Do licensing boards (particularly in Virginia) look at the charges themselves (obtain money by false pretenses) or would they actually read the arrest records, police reports, witness statements, etc... to determine if its a crime involving moral turpitude? I ask because I may be able to amend my charges to disorderly conduct or destruction of property (which aren't crimes involving moral turpitude), but it seems like it won't make a difference if licensing boards look into the details surrounding a charge rather than the charge itself.
Expert:  Steinlaw replied 7 years ago.
The licensing board will look at all of the documents, not just the charge. However, if you plead to a certain charge, the board will take that into consideration because it is evidence that the DA did not think that he/she could prove what you were originally charged with.
Customer: replied 7 years ago.
Since I'm going to apply for a Medical License to Practice Medicine (in Virginia), and given that I have been charged with misdemeanor and felony Obtain Money by False pretenses, what would be the best outcome for me not to affect medical licensing, other then a nolle pros. Would deferred Prosecution be the best (where you don't enter a plea, and the charges are dismissed a year later)? What about finding under advisement (where you plead guilty and the charges are dismissed after 1 year)? Is there an anymore favorable outcome for my situation that I should try to negotiate with my prosecutor with? My lawyer doesn't know about how convictions or plea bargains affect medical licensing, and really can't advise me on what options to choose to pursue regarding plea bargaining.
Expert:  Steinlaw replied 7 years ago.
A dismissal is your first choice. After that, you have to make tough decisions. If you can get deferred prosection, that would be your best bet. After that, you should look for advisement. Then, a no contest plea would be your next choice.