Criminal Defense Attorney
In Los Angeles

Assault and battery are two separate crimes in California. Assault (PC 240) is, “An unlawful attempt, coupled with a present ability, to commit a violent felony injury on” another person (the victim). For assault, defendant must have had the present ability (i.e., victim was nearby and defendant was ready, willing and able to cause harm to the victim) and defendant took direct action toward the completion of the intended act. No actual physical contact nor injury is required. An attempt or threat to injure or harm another person is sufficient if the victim reasonably believes they are going to be harmed or attacked. The defendant must have done the act willfully, or on purpose. Intent to violate the law is not required. An experienced lawyer can help determine if self-defense, defense of others, defense of property, accident, or other circumstances would be effective.

Assault can be charged as misdemeanor simple assault or felony aggravated assault, depending on the degree of danger or use of weapons. After conviction and successful completion of probation, felony assault can be reduced to misdemeanor assault (PC 17(b)) and expunged, or dismissed (PC 1203.4) as a misdemeanor for all purposes.

Battery (PC 242) is “any willful and unlawful use of force or violence” on another person. Only an offensive touching is required; no injury is required. Battery without injury is a misdemeanor. Battery causing serious bodily injury (PC 243(d)) is a felony. Physical contact is required for battery even if the contact is to the victim’s clothing, if you cause an object to touch the victim, or if you offensively touch something connected with the victim’s body, such as grabbing or knocking something out of their hand. Similar defenses to assault are available for battery and an experienced lawyer can help determine their effectiveness in your case.

If you’re facing a statement of concern or complaint and hold a California Certified Public Accountant (CPA) license, hire an experienced professional license defense attorney as soon as possible. The Board of Accountancy within the Department of Consumer Affairs treats consumer complaints and reports of criminal charges or convictions against licensees very seriously. It has the authority to impose disciplinary actions such as suspension or revocation of an accounting license.

We at the Law Office of Sara L. Caplan have extensive experience working with the Board of Accountancy and can help defend your professional license and livelihood, just as we have successfully done for many past clients.

California Board of Accountancy’s Mission

The California Board of Accountancy (CBA) licenses four types:

• Partnerships.
• Corporations.
• Accounting firms.
• Certified public accountants.

The first type is issued to individuals while the remaining three are business licenses. Its mission is public protection, rather than benefiting accountants and accounting firms. The board exists to protect individuals from financial harm and ensure that the highest standards are maintained in the practice of public accountancy.

It does this by limiting the issuance of accounting professional licenses to qualified individuals who are likely to act in the public interest, ensuring all businesses and accountants comply with provisions in California BPC, California Accountancy Act, board rules, and other laws and regulations, monitoring compliance in the marketplace by establishing enforcement mechanisms authorized by statute through which it may grant, suspend or cancel accountancy licenses.

Also, by receiving written complaints regularly about licensed accountants under investigation for crimes or who have unreported criminal convictions.

Possible Disciplinary Actions

Title 16 Sections 1 through 99.1 California Code Regulations; Cal BPC 5000 Business & Professions Code grants significant authority to CBA. These statutes allow CBA to establish an Enforcement Advisory Committee and Enforcement Division.

CBA may regulate the practice of public accountancy in the state, including through enforcement agencies established by statute that may grant, suspend, or cancel an accountancy license. The Enforcement Division and Enforcement Advisory Committee receive a regular flow of initial complaints and handle cases involving licensed accountants convicted of a crime.

As a result, CBA may impose various disciplinary measures against its member licensees:

• Denial of a recently filed application for an accounting license.
• Issuing a letter of reproval or criticism publicly available online.
• Imposing both administrative fines and citation.
• Suspension or revocation of accounting license.
• Granting a stay of revocation and placing the licensee on probation.

Apart from disciplinary penalties, filing civil or criminal charges against you is a possibility. If your case is serious enough, the CBA may choose to do so.

However, even the mildest of disciplinary actions can still have consequences for your business. The second punishment, posting an apology online may seem minor but it can still affect you to a great extent. It is possible to lose existing clients or struggle with attracting new ones just because they’ve seen that you were disciplined by the CBA.

That’s why it’s important to seek legal counsel immediately if faced with any form of discipline. This way, you can prevent further damage caused by a bad reputation. A professional licensed attorney has the knowledge and expertise required when dealing with these types of issues.

The Role Of California's CPAs

Financial records are very important for every business under California law. Many employers often hire professionals to manage their budgets, taxes, and other financial matters to be compliant with the law.

Certified public accountants are often employed regardless of a firm's size. They ensure that businesses are well-informed about their financial status and also provide insights required for decision-making relating to future revenue growth and clientele expansion.

Unfortunately, losing a license as a certified public accountant is easier than obtaining one, even after spending years attending school and going through training for such an expensive license process.

Accountants face various kinds of accusations, which usually involve financial crimes like fraud, money laundering, and embezzlement, very frequently due to their role in managing a company’s money. However, an error resulting from no malicious intent could put your CPA license in jeopardy too. Additionally, you might find yourself fighting to keep it if an irritated employer accuses his CPA of being careless or incompetent when his own company fails.

A professional lawyer knows how important certified public accountants (CPAs) are in the state where they practice law. Lawyers are also aware that several risks and challenges come with being an accountant every day. These could put your job and license in danger.

They know that many accusations against CPAs are usually false or exaggerated. They’re not here to judge you for mistakes made in the past, either. Regardless of what the complaint is about or how much you will be disciplined, a professional lawyer will defend you as well as your license and work towards finding the best resolution possible.

How Your CPA License Could Be Impacted By A Criminal Charge

CPAs and other professionals who have licenses in accounting might find themselves facing criminal accusations at some point in their careers. The California Board of Accountancy sometimes works together with law enforcement agencies to gather evidence through covert sting operations.

The board can impose additional disciplinary measures if a CPA is charged with a crime apart from legal proceedings and potential punishment. However, it’s important to note that the misdemeanor or crime must be substantially associated with your profession for it to affect your accounting license since licensing boards take a broad view of what is considered related enough.

Under the "substantially related" category, these crimes are included:

• DUI or DUID.
• Simple Controlled Substance Possession.
• Possession to sell.
• Fraud-related offenses.
• Not providing accurate disclosures.
• Evading taxes.
• Sexual assault or domestic violence.

If the CBA believes you have committed a crime, they will work with the Department of Justice and Attorney General to bring charges against you. This also includes many other financial crimes. Your accounting license would be revoked if found guilty. You would then be prosecuted in that area's jurisdiction. These charges tend to be federal and involve multiple law enforcement agencies.

Also, it’s important to point out that the commission on board's complaints is not just due to a single thing. There are many things a lawyer can do that aren’t illegal but still cause you trouble with the California Board of Accountancy (CBA).

Other times, however, the CBA will initiate civil proceedings against you as well. For example, if you were criminally negligent there are financial liabilities to be held accountable for and could end up in criminal charges.

If this all happens at once then take every notice seriously. Notice of investigations and potential complaints should be managed professionally. Hiring a professional license lawyer is very important when stuck in these situations as they will know how to deal with them effectively. Considering your accounting license is vital to your income, it makes sense why you should protect it like any other valuable property.

The Process From Filing Complaints To Final Decision

Various motives and sources can lead to complaints on different issues. The Board of Accountancy also recognizes that there may be significant differences in the initial force of complaints. In some instances, many complaints during this stage may not have any proof whatsoever and hence could be dismissed, while others take months on end to be fully investigated.

On average, it takes about five months from the time you file a complaint against a certified public accountant until its case is resolved. But sometimes it can last longer. Additionally, a professional license defense attorney will move quickly to reverse any temporary suspension by petitioning for an order allowing you to continue practicing during a pending investigation.

By contesting the complaint vigorously and promptly, your lawyer can dismiss it in many cases and save your business from bad publicity. Sometimes that might not happen so he or she could alternatively try negotiating for a settlement that will enable you to keep your license.

When their argument has more merit then they submit an official complaint which is available on their website for public consumption. At this point, your attorney should write a letter of defense against the concerns raised in the accusation. This often leads to dismissal or another way out.

However, sometimes there must be an official administrative hearing. When necessary, your attorney will properly prepare for representation throughout the hearing session. They shall get an opportunity to question and present evidence that shows innocence or reduce charges made against you by the prosecution. Your attorney may also include some mitigating factors alongside aggravating evidence presented by the prosecution.

Aggravating Factors

Below are examples of certain cases where harsher professional penalties are likely:

• When such a person had already faced professional discipline earlier particularly if involving similar or the same issues.
• The violation was done voluntarily and cautiously planned.
• A valid customer suffered financial losses.
• Any money was gained personally by the licensee resulting from its faults.
• Licensee understood that other person would have significant harm, particularly one belonging to a vulnerable class.
• The cash loss was relatively high.
• The violation involved substantial breaking away of “fiduciary duty” by the licensee either stealing his/her funds.
• Such an individual is on probation for a violation previously committed.

Board investigators and one of its accountants have gone dark since the investigation opened, officials say.

Mitigating Factors

These are some examples of mitigating factors that can reduce sentences in cases where dismissal is not an option:

• The misconduct did not cause any physical harm to customers, clients, or members of the public.
• It was an honest mistake or resulted from sudden provocation.
• Low risk of harm.
• There was no major breach of fiduciary duty.
• The defendant’s motivations were not primarily monetary.
• Throughout the investigation, the licensee has been cooperative with board investigators.
• The accused shows signs of recovery.
• Offender is remorseful.
• The debtor already paid back part on his or her own.
• The registrant had less culpability than other participants in the scheme.

Your lawyer would argue these and other mitigating factors before the Board. This could result in them deciding against revocation with probationary licensing and instead opting for suspension or no action. They could also impose less restrictive probation terms and end probation early.

A skilled attorney will advocate for you at every stage possible, going through the Board’s Disciplinary Guidelines to request more lenient measures. Should your license be revoked, they will assist with reinstatement petitions or a denied application for licensure.

How a Professional License Defense Lawyer Can Help

The task of a professional license defense lawyer is simply to save your job and license.

Government organizations that are in charge of granting licenses are also in charge of revoking them if you have committed any sort of misconduct or unlawful acts.

When this happens, a licensed professional defense attorney will represent the accused licensee. Here’s an outline of what they do:

Application Appeals

If your application has been declined or you’ve received a “Statement of Issues,” then you should get an experienced occupational licensing lawyer.

Discipline Defense

Defending professionals who have done something unethical or have acted inappropriately and face having their license taken away.

Reinstatement Requests

After your license has been taken away and you want to go back into the field, this process can help. A legal representative will speak for you during these negotiations.

Why Should You Hire a Professional License Attorney?

You need someone with experience by your side when it comes to dealing with judges, courts, and negotiation boards. An experienced professional license defense attorney can help you get shorter probation periods and better terms when possible. You won’t have to worry about getting lost in disciplinary procedures when you’re being guided by a licensed professional attorney.

They’ll prepare you for any board appearances while advising on what is best to say during proceedings so that you get the best-case scenario for yourself.

Contact a Professional License Defense Attorney Near Me

With a reputation built on providing responsive, informed professional licensing defense services, the Law Office of Sara L. Caplan attorneys specialize in certified public accountants licenses. If your CPA license hangs in the balance or your reputation is at stake, there is no time like now to contact us. We respond 24 hours a day, seven days a week. Call us today at 310-550-5877.

When conversation gets heated, using physical force upon a loved one is always against the law. In some cases, it's necessary to defend self against violent behaviors. When charged with a domestic violence allegation, it can cause great stress thus it's necessary to find an experienced attorney to defend you. At Law Office of Sara Caplan, we are here to defend those who are wrongful accused of domestic violence.

In California, distributing and/or producing drug charges can be serious criminal offenses. If you are wrongfully charged with a drug crime, you need to find a defense lawyer that is willing to hear you and strategically defending in your favor. No matter which drug crime you are charged with, Sara Caplan will do whatever she can to fight for you.

Drug Crimes are most common, because drug crimes can vary in different cases the conviction you face may not all be the same. Some people get charged with a misdemeanor but in other cases charged with a felony. Drug crimes involve illegal drugs such as heroin, cocaine, marijuana and any other highly addictive drugs. Drug crimes include possession, transportation, trafficking and manufacturing of illegal substances. The charges for this criminal offense can be harsh.

DUI Convictions: Criminal Penalties

A DUI conviction may carry criminal penalties including fines, jail time, probation, and community service. Some state laws impose certain minimum penalties for first-time offenses, then designate increased penalties for each offense thereafter. Severity of criminal penalties will vary according to the circumstances of the offense, including:

Whether the driver has a history of DUI violations;

• Whether the driver was operating a commercial vehicle at the time of the DUI; 

• Whether the DUI violation occurred while there was a child in the vehicle; 

• Whether the DUI violation occurred simultaneously with another dangerous moving violation, such as reckless driving; 

• Whether the DUI violation involved a car accident in which property damage occurred; 

• Whether the DUI violation involved a car accident in which another person was injured or killed; 

• Whether the driver was under the legal drinking age at the time of the DUI violation.

DUI Arrest and Conviction: Driving Privilege Penalties 

In addition to potential criminal penalties, a DUI arrest or conviction will have an immediate negative impact on driving privileges.

Most state laws allow a motor vehicle department to immediately suspend the driver's license of any person operating a vehicle with a BAC above the state limit for intoxication, or any driver who refuses to submit to BAC testing. The driver's vehicle may also be confiscated or impounded, and the DUI offender will likely incur significant administrative costs. This loss of driving privileges can normally occur even before a DUI conviction. Most states allow a DUI arrestee to obtain a temporary license and request an administrative hearing at which he or she may argue against license suspension, or for restoration of limited driving privileges.

As with criminal penalties, the impact of a DUI arrest or conviction on driving privileges will vary according to the driver's history of DUI violations and the severity of the offense. An increasingly popular DUI penalty, especially for repeat offenders, is mandatory installation of an "ignition interlock" device on the offender's vehicle. This breath-testing device measures the vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimum amount of alcohol is detected, such as BAC level of .02. Where this punishment is utilized, most states require the DUI offender to pay costs of installation, rental, and maintenance of the ignition interlock device. Rental fees alone can amount to as much as three dollars per day, so a DUI offender's expenses can add up quickly when an ignition interlock device is required.

When dealing with a federal charge, it's important to have an attorney who has federal case experience and has extensive knowledge about federal laws. In the past, Sara Caplan has worked on many white-collar fraud cases with high success rate.

A Felony crime is a serious crime punishable by at least one year in prison or more and even life in prison. Charges for a felony vary and have different penalties according to the crime committed. Examples of a felony crime are: fraud, identity theft, sexual abuse, mayhem, murder/manslaughter and kidnapping. People that have been convicted of felonies lose certain rights; for example, the right to vote. Even after being released from jail, people convicted of crimes may have to register with the police. There are significant long lasting effects in an individual's life when convicted of a felony.

A misdemeanor is a crime that is usually punishable by a fine or up to one year in jail. All crimes that are not felonies are misdemeanors. The first offense is seen as a misdemeanor any offense that is repeated is seen as a felony. A few examples of misdemeanors include: trespass, petty theft, disorderly conduct, and domestic violence. Similar to a felony, a misdemeanor will show up on your record, and can affect your life.

In California, penalties for unlawfully taking the life of another human being or fetus are harsh. Murder is a “strike”--a serious and violent felony. The sentence for a murder conviction may be enhanced if there proof of gang activity, aggravated circumstances (lying in wait, using poison, bombs, dangerous weapons) or if the killing was a hate crime.

First degree murder (PC 187) requires malice (evil or ill will) and pre-meditation with killing another human being. Second degree murder also requires malice, but premeditation and deliberation are not required. The felony murder rule applies to first and second degree murder. It permitted conviction for murder if someone was killed during the commission of a dangerous felony by an accomplice even if the individual had no intent to kill or join in the act of killing. In 2018, then Governor Brown revised the felony murder rule (SB 1437). Now, someone can be charged with felony murder only if they were the actual killer, intended to kill and aided, counseled, commanded or solicited the killing by another, were a major participant in the felony and acted with reckless indifference to human life, or the victim was known to be an on-duty law enforcement officer. These changes provide a basis to petition for resentencing in older convictions.

Voluntary Manslaughter (PC 192(a)) is a spontaneous killing, usually in the heat of passion or a fight, without malice. Involuntary manslaughter (PC 192(b)) requires no malice and no intent to kill, but involves conscious disregard for life. The types and degrees of killing another human being are significant distinctions that a competent criminal defense lawyer must know to provide the best defense, and to get the best outcome and lowest sentence possible.

Vehicular manslaughter (PC 191.5) involves killing someone while driving a motor vehicle. It may be charged as either a felony or a misdemeanor, depending on the egregiousness of the driving behavior. A “Watson” murder (PC 187) is a very serious type of vehicular manslaughter, caused by someone who is driving while under the influence of alcohol, drugs, or both. In Watson cases, the driver is considered to have known of the inherent danger of driving under the influence, intentionally done so and thereby acted with conscious disregard for human life.

There are certain legal defenses, justifications and recent law changes that effect murder prosecutions in California. It is essential that lawyers defending murder cases know work with defense investigators and experts in DNA, blood splatter, crime scene analysis, weapons, ballistics, pathology, cell phone logistics, forensic psychology, confessions, pathology, toxicology and police policy and procedure. This is essential to strategizing a viable defense to murder charges.

Capital murder cases are the most serious, aggravated murder cases. These are punishable by the death penalty or life in prison without parole. As of 2021, Los Angeles prosecutors are no longer seeking the death penalty under the policies of the new Los Angeles County District Attorney George Gascon. In 2019, Governor Newsom had imposed a moratorium on executions due to the risks of executing innocent people, and the racial disparity in these cases.

A physical therapist helps patients relieve pain, regain mobility, and improve their physical health. Obtaining a physical therapist license requires many years of dedication and financial commitment. California physiotherapists can make a decent living by assisting patients in regaining normalcy following an accident or injury.

However, if an unsatisfied client files a complaint against your practice or if you make a poor decision at work or elsewhere, you could lose your license. At the Law Office of Sara L. Caplan, we can help you if you risk losing your physical therapist license. Our attorneys serve in the city of Los Angeles, CA.

Understanding the Role of Physical Therapists

Accidental injuries have a devastating impact on the everyday lives of thousands of people. It makes even the most basic tasks difficult or impossible to complete. Some people could be inclined to give up when dealing with chronic medical conditions that limit movement, cause excruciating pain, and make it hard to maintain their overall health and fitness. However, physical therapists can help in this situation.

Physical therapists spend at least 5 years in school, earn a degree, and specialize in neuro-anatomy and biomechanics. Before starting their practice, they undergo extensive training and reach high levels of expertise through hands-on training. Getting into or staying in this field is difficult because of all the criteria involved. The conditions include federal and state-level tests and continuous learning, to name a few.

However, even if you persevere through training and the application process for a professional license, it is too easy for a formal claim or complaint to be brought against you. This endangers your professional license and career.

Physical therapists are often subjected to high, occasionally unreasonable expectations from patients and their loved ones. Additionally, even if you do everything possible, it is still possible for some people to not improve as hoped. Physical therapists can still make mistakes, no matter how much training they have.

A professional license defense attorney recognizes and understands physical therapists' duties in the state. They are also familiar with every aspect of the Physical Therapy Board of California's administrative procedure, from start to finish. When necessary, your skilled lawyer can negotiate a beneficial settlement and properly refute any complaints or charges against you.

The California Physical Therapy Board's Disciplinary Guidelines

The main objectives of the California Board of Physical Therapy are patient protection, public safety, and the provision of quality physical therapy services in the state. The board holds explicitly all licensed physical therapists in the state responsible for adhering to the Business and Professions Code, the Physical Therapy Practice Act, and other laws that ensure the continuation of competent, safe practice.

The Physical Therapy Board limits the number of licenses it issues, suspends or revokes current licenses, places licensees on probation, and, where necessary, takes other disciplinary actions to achieve its objectives. The board's online disciplinary guidelines provide specific recommendations to administrative law judges presiding over proceedings regarding alleged violations by physiotherapy license holders.

The following are examples of the common violations that could result in disciplinary action:

• Arrests or convictions for felonies or misdemeanors that are "significantly linked" to your ability to carry out your practice safely.
• Addiction or substance abuse—This becomes even worse if it happens while the physiotherapist is working.
• Obtaining your license through fraud.
• Paying or charging for referrals.
• Multiple types of fraud—This includes insurance fraud and charging for a service that was not provided.
• False or deceptive advertisements.
• Driving under the influence (DUI), regardless of whether it occurred during working hours or not.
• Unprofessional conduct.
• Excessive prescription or treatment.
• Sexual harassment and verbal abuse.
• Sexual misconduct towards clients and patients.
• Physical abuse.
• Inability to practice safely, either physically or mentally.
• Negligence or incompetence in practice.
• Disclosing personal information about patients or clients without their consent.
• Giving improper nutrition recommendations.
• Allowing unlicensed individuals to work under you.
• Violation of the license probation terms.
• Exceeding your license's limitations.
• Not providing adequate supervision to your assistants.
• Failure to adhere to infection control rules.
• Falsifying, changing, or failing to keep patient records properly.
• Not providing or refusing to disclose medical records.

In most cases, allegations are baseless and do not call for a board inquiry. Additionally, most investigations result in the dismissal of claims due to lack of proof. However, you can't afford to risk losing your professional license by "testing your luck." Almost any claimed violation can result in the revocation of your license, which is the most severe punishment.

In many cases, your lawyer can obtain and present convincing evidence to have the charges dropped before or during the administrative hearing. Other times, the specifics of the case would require the attorneys to seek a favorable resolution allowing you to maintain your license. This usually involves a three-year probation period followed by a 30-day suspension. However, this is still preferable to losing your professional license and shutting down your business.

Your license will likely be revoked if you fail to submit a "Notice of Defense" or show up for your hearing in person or through your legal representative. If that fails, other options usually include probation or a delayed revocation.

Probation can occasionally call for a first suspension period to guarantee safe practices. If substance abuse is suspected, a clinical diagnostic assessment will be required. Psychological or physical examinations, further training, and other conditions could be imposed before the suspension is lifted and probation begins.

If the board is concerned about public safety, they may order an interim suspension while the investigation is ongoing. However, your professional license defense lawyer can often fight these suspensions to allow you to keep working while the inquiry is ongoing (which can occasionally take several months or years).

Probation also mandates that you pay back the board what they spent on the inquiry and probationary supervision. If this is beyond your means, your attorney can assist you in meeting the "cost recovery" requirement for a maximum of one year. Pay your bills on time because failing will be considered a probation violation.

Individuals who have a substance abuse addiction are often placed in probation programs. You can also self-refer to one of these programs. If you are already facing a probation order, self-referral can ensure that all information remains confidential.

Alternative Board Measures

The California Board of Physical Therapy could impose revocation, suspension, or probation, but these are not the only options. Two less drastic measures can occasionally be used to settle a case. These include:

• Public Reprimand Letters.
• Citations and Fines.

The California Board of Physical Therapy could publicly censure any physiotherapist or their assistant under BPC 495 as an alternative to suspending or revoking their license for a specific violation.

A letter of reprimand can be used in place of other professional discipline if the violation is considered an "isolated incident." This means that it is sufficiently remote from any subsequent violations that are unlikely to happen again and have been acknowledged by the offender. It can also be used if the perpetrator shows remorse for the wrongdoing and, in the case of substance abuse, has participated in a rehabilitation program for more than a year.

This disciplinary action is limited to relatively "minor" transgressions where the patient has not been harmed. The board can establish "stipulations" that the physical therapist should comply with to avoid more severe penalties. The physiotherapist could also accept the reprimand letter in exchange for a settlement agreement. The letter would be publicly available on the board's website, making it widely accessible to prospective employees and employers.

Although the California Board of Physical Therapy does not view citations and associated fees as proper disciplinary measures, the license holder will likely perceive them as such. The fine amount varies widely, from a hundred dollars to $5,000.

The board could issue citations and fines for minor breaches under BPC 125.9. The citation would be available to the general public. Though not as serious as a public letter of reprimand, it is still a blemish on your professional record and well worth defending with the assistance of a competent license defense attorney.

An "Order of Abatement" could also be attached to the fine and citation that mandates you stop the specific activity for which the ticket was issued.

Although paying the fee does not constitute an admission of guilt, it does make your name appear in public records as though you had accepted guilt. Paying the citation fees can cause problems in the future if another complaint is reported. Magistrates are less likely to be lenient when a prior violation is on your record.

You can also contest the citation by requesting a formal hearing or an informal conference. In this case, your lawyer can try to argue for a reduced fine or the dismissal of your citation, removing it from your file. A legitimate appeal should be made within the specified timeframe. However, you risk losing your license if you disregard the citations and refuse to pay the court fine.

Denial of Your License Application

A professional license attorney can also help secure your license application's approval. Even if your application is running behind schedule due to a past conviction or any other issue, they can assist you in gathering the necessary documents to overcome the obstacle.

In certain situations, obtaining a "first probationary license" under BPC 2660.5 is preferable to a straightforward denial. You can resume your practice without restrictions once you have completed your probationary period and met all requirements.

If your license is issued with conditions or is denied altogether, your lawyer can assist you in appealing the decision. They can also assist you in regaining your license following a revocation. If that's the case, you'll need to wait for the necessary processing time. However, if you use that time well, you can quickly improve your chances of processing your reinstatement.

An experienced license attorney can help you through every step to have your license reinstated or approved. After spending so much time, money, and effort studying to be a physical therapist, you do not have to sit and watch it all go away. There are strategies to retaliate and seek approval that will allow you to start or maintain your physical therapy practice.

How A Professional License Attorney Can Help

You could lose your physical therapy license if you are the subject of a complaint. As previously stated, a physiotherapist can face several kinds of allegations. However, it shouldn't be an option to lose your license. If you do this, you risk ruining your future and the ability to provide for your loved ones.

For this reason, it is recommended that you contact a seasoned professional license defense attorney right away when you receive any information from the state's Physical Therapy Board. There are several things your lawyer can do to defend you from such allegations.

Your legal representative can:

Evaluating the Charges Against You

The licensing board should give you enough details to answer the charges against you. Your defense attorney can assess the allegations that serve as the starting point for disciplinary action. Sometimes, plaintiffs fabricate or exaggerate their claims against the accused. For instance, an unhappy client can falsify a complaint to hurt you.

If there are eyewitnesses or supporting documents, your attorney can analyze the claimed facts and look into them. The investigation's findings will serve as the basis for you and your attorney's decision regarding how to handle the disciplinary action.

Ensure a Fair Hearing and Process

Your attorney will make sure you receive fair treatment as you prepare to address the complaints. There are specific protocols that disciplinary boards follow when hearing cases. A competent attorney can make sure the board follows those guidelines and you receive an impartial hearing.

Can I Still Work as a Physical Therapist While an Investigation is Ongoing?

A complaint filed against you could lead to an investigation into your professional license, which could lead to revocation, suspension, or probation. This means you can't practice physiotherapy anymore because your license will be considered inactive or suspended.

Find a Los Angeles Professional License Defense Attorney Near Me

Physical therapists shouldn't have to lose everything in a single day after putting in so much effort to obtain their professional license. That's why we at the Law Office of Sara L. Caplan offer professional license defense services. Our team allows healthcare professionals facing disciplinary action a second chance in their respective fields. If your professional license risks being revoked or suspended, call us today at 310-550-5877.

If you are accused of violation probation terms, you need to find an aggressive and experienced criminal defense lawyer for your case. Depends on types of violations, some violations are quite serious and can lead court judge to impose new conditions. When you need a probation violation lawyer to defend you, Sara Caplan is the one you need.

Registered nurses (RNs) have a rewarding and demanding job. As a nurse registered with the California Board of Registered Nursing (BRN), you have committed yourself to caring for others. However, many issues can result in disciplinary action for nurses, which may cause them to temporarily or permanently lose their nursing licenses.

We at the Law Office of Sara L. Caplan can help you improve your chances of keeping your license and protecting your professional reputation. Our team has the expertise to negotiate with the Board of Registered Nursing on your behalf. Call us today for a free initial consultation.

The Role and Importance of Registered Nurses

Registered nurses (RNs) represent the largest group in the healthcare workforce. They deliver basic health care and educate patients about health, wellness, and ways to prevent future health issues. RNs work in various settings, including rehabilitation, emergency, and intensive care units. Their roles include:

• Administering anesthesia
• Serving as midwives
• Assisting in surgeries and caring for children
• Supporting mental health services 
• Performing many other duties assigned

Modern-day nurses take on more responsibilities as primary caregivers. They handle tasks that doctors used to do, which helps lower healthcare costs. However, this shift also makes them more vulnerable to lawsuits and complaints. Their diverse roles expose them to many accusations, which can lead to disciplinary actions from regulatory boards.

The Mission of the Board of Registered Nursing (BRN)

The Board of Registered Nursing (BRN) issues licenses to qualified nurses and regulates the profession to protect patients and maintain high standards of care and professionalism.

The BRN has set guidelines for handling disciplinary cases covering negligence, incompetence, or unsafe nursing practices. The guidelines outline actions for various violations, including breaches of the Nursing Practice Act or the Business and Professions Code.

The board considers several factors when deciding on consequences for a violation, including:

• A reprimand
• A  fine
• License suspension or revocation
• Probation.

These factors include:

• the type of complaint and the seriousness of the offense
• harm caused or potential harm to a patient
• Previous disciplinary actions and criminal history.
• The time since past violations of RN standards

The nursing board must consider the court-approved probation conditions if there is an ongoing criminal case. This rule applies whether the case is a misdemeanor or felony. The Board of Registered Nursing prioritizes public safety over individual interests. However, an experienced attorney can negotiate effectively on your behalf.

A professional license attorney understands what evidence can help. They know how to use it to reduce or dismiss potential board actions against your license. We can present proof of your rehabilitation efforts, safe practices, and ongoing education. Additionally, we can highlight weaknesses in the evidence against you before and during your hearing.

What Are the Most Common Allegations Against Nurses in California?

California nurses may face investigations, suspensions, or revocations of their licenses for several reasons. Common issues include unprofessional conduct, professional misconduct, incompetence, gross negligence, and ethical violations.

Nurses can lose their licenses due to patient, coworker, or employer complaints. This situation can happen whether the actions were intentional or accidental.

Altering Medical Records or Inadequate Documentation

Nurses may receive inquiries from the Bureau of Registered Nursing (BRN) due to charting mistakes. Common errors include not recording patient health information accurately. Other mistakes are failing to note medication history, nursing actions, drug reactions, or changes in patient conditions. Nurses may also maintain illegible records.

Criminal Offenses

Not reporting or clearing a past misdemeanor or felony can lead to losing your nursing license. Additionally, you risk losing your license if you commit a crime while working as a nurse and do not report it. Convictions for DUI or drug-related offenses are also violations of the Nursing Practice Act.

Drug Diversion

Taking the patients’ medications or diverting controlled substances is a serious crime. It also violates the California Nursing Act. Nurses can face serious charges for not disposing of drugs and controlled substances. A nurse might steal controlled substances for personal use, to give to someone else, or for money.

Drug diversion occurs when nurses take drugs from a medication dispenser, narcotics cabinet, or pharmacy. It can happen if a nurse falsifies paperwork. The nurse may record doses not given to patients but taken by the alleged nurse instead. Drug diversion can include taking a pain patch from a patient for personal use. It can also involve searching through medical waste for drug remnants.

Failing a Drug Test or Refusing to Take One

Nurses who undergo random drug testing by their employers risk losing their nursing licenses in California. These include using cannabis, even after the legalization of recreational marijuana with Proposition 64. The California Supreme Court has ruled that employers can fire workers who fail drug tests. It applies even if the worker has a doctor’s recommendation for medical marijuana.

California law allows employers to require drug tests before hiring and consider illegal drug use when making job decisions. A coworker or patient may sometimes file a complaint about a nurse, leading to drug testing. A nurse may test positive for drug residue from recent recreational use, even if they are not impaired. The Board of Registered Nursing receives reports on nurses who fail drug tests.

HIPAA Violations

Specific actions can lead to the loss of a nursing license and result in disciplinary measures from licensing boards, especially in healthcare. For example, a nurse in California may face license revocation for breaching the Health Insurance Portability and Accountability Act (HIPAA).

You must report even unintentional violations to privacy officers or supervisors. Failing to do so can lead to serious consequences. Major HIPAA violations can lead to disciplinary actions from the nursing board. These include license termination and penalties, even without bad intent.

Out-of-State Disciplinary Activity

Disciplinary actions taken by nursing boards in other states can also result in consequences for nurses in California. The Board of Registered Nursing can impose extra-disciplinary actions on a nurse if another state’s licensing authority has sanctioned the nurse, even if it is not a nursing board.

Inappropriate Social Media Activity

The California Board of Registered Nursing (BRN) prioritizes patient privacy. If a California nurse shares anything online that breaches patient confidentiality, such as on social media, they may face an investigation by the BRN. These include posts featuring:

• Photos or videos of a patient
• Identifying a patient by name or other details

The BRN advises against posts that promote healthcare services or providers. It also warns against criticizing them or taking sides on controversial health issues. Posts showing a nurse in a compromising position can lead to an investigation. These include posts about drug or alcohol misuse or using inappropriate language. These actions may affect their nursing license.

Not Submitting For Fingerprint

Under Title 16, Sections 1419, 1419.1, and 1419.3 of the California Code of Regulations, nurses must submit fingerprints when renewing their licenses. This rule applies if they have never been fingerprinted or have no record of their fingerprints.

Since 2010, the California Board of Registered Nursing has required California nurses to submit fingerprints and provide background information when renewing their licenses. If nurses do not submit their fingerprints to the DOJ by the renewal deadline, they may face disciplinary action. The California Board of Registered Nursing usually handles this.

Not Paying Your State Taxes

Since July 2012, most licensed professionals in California risk losing their licenses, including driver’s licenses, for evading taxes. They may lose them if they are on the state’s list of tax delinquents. If a licensee appears on this list, the state may deny or suspend their professional license when they try to renew it.

They have 90 days from receiving a preliminary suspension notice to pay their outstanding taxes or set up a payment plan. If they do not comply with either option, their license will stay denied or suspended. It will remain that way until the relevant state tax authorities send a release to the licensing agency.

The BRN Enforcement Program

Patients, clients, and others can file complaints against a registered nurse (RN). These complaints can activate the BRN Enforcement Program. The complaint may be valid or not, and it may or may not lead to professional discipline.

This program starts with the Complaint Intake phase and progresses to the Investigation, Legal Action, and Probation Monitoring stages. If someone files a complaint against you, you will receive a written notice within ten days. You should contact a qualified licensed lawyer right away. Prompt responses can improve your chances of a positive outcome.

People can submit complaints anonymously, making it harder for the Department of Investigation (DOI) to build a strong case. People often file complaints confidentially. However, your attorney may uncover the complainant’s identity during legal proceedings by questioning witnesses and examining evidence.

The board’s DOI will file a formal accusation if it finds enough evidence. To make this decision, the DOI will interview the RN, the complainant, your employer, coworkers, and others involved. They will also review relevant documents and records. The investigator will submit a final report to the board. The report will recommend whether to file the accusation. Since outcomes can be uncertain, consult a lawyer during the investigation. This investigation will give you time to prepare a strong defense.

When someone files an accusation, your lawyer will review the charges and can challenge them at a scheduled administrative hearing. You will also receive an official written notice detailing the allegations.

Possible Outcomes of the Investigation/Hearing

The investigation may take months or even years, depending on the complexity of the charge and evidence. Sometimes, the board may issue an interim suspension. However, you can often contest it and have it reversed. This situation may allow you to continue working during the investigation.

If the evidence weakens, the complaint will be “closed without merit.” If there is enough evidence but the violation is minor, the complaint will be “closed with merit.” In this case, the board will take no action against your license but will note the violation on your record. The Board of Registered Nursing may issue a citation and fine for certain minor violations. You can contest and appeal this less formal process.

If the issue involves drug abuse or suspected mental health problems, the BRN Intervention Program will take charge. This process ensures confidentiality and, in cases of drug addiction, may require rehab and educational programs.

If there is an administrative hearing, your license attorney will present evidence to support your case. They can also do this during settlement talks, which might help you win the hearing. Even if they cannot win ultimately, your attorney can often secure a stay revocation and probation for you.

Probation usually lasts for at least three years. Your license attorney can collect supporting evidence to obtain a stay on revocation or suspension. These documents may include:

• Statements from your employer
• Proof of enrollment in a rehab program for substance abuse
• A medical exam from a licensed doctor
• Records of any continuing education courses completed since the complaint.

Your attorney can also advocate for reinstating a revoked or suspended license or seeking to reduce the probation period. There are specific waiting times and limits on how much we can minimize probation. However, a professional license attorney knows how to improve your chances of reducing it.

Additionally, they can negotiate for better probation terms. While there will be minimum requirements and some monitoring to ensure compliance, they will strive for the best possible outcome.

All probation terms require you to avoid criminal activity. You must contact a probation officer in person and submit written reports. Your employer will supervise you while you work as an RN.

You must follow restrictions on your RN responsibilities. If substance abuse is the main issue, you will face a license suspension and need to complete a drug rehabilitation program. You can negotiate many details of the probation terms. These terms can impact your life during this period.

Your license attorney can help reinstate your license if the state has revoked or suspended it. You will usually need to cover the investigation and probation monitoring costs. However, the board may lower these fees and set up a manageable payment plan. It gives us a chance to advocate for a better result for you.

Find a Professional License Attorney Near Me

Facing a complaint or legal action threatening your nursing license is distressing. You put in a lot of effort to earn your California nursing license. Now, you should do everything you can to keep it. Protect your career and maintain your professional reputation. Disciplinary actions from the BRN or other regulatory bodies can seriously affect your nursing practice.

We at the Law Office of Sara L. Caplan have represented many California nurses. Our attorneys are skilled in handling various BRN licensing issues, accusations, and criminal charges. We are here to help you defend your California nursing license so you can continue with your profession. For more information about defending your nursing license, call our office today at 310-550-5877.

Charged with a sex crime can affect all aspects of your life. If convicted as a sex offender, it can destroy your relations with your work, family and friends. Therefore, you need an experienced criminal defense lawyer to protect your rights and to determine the best strategies and resources to defend such inflammatory and serious allegations.

Sex crimes are criminal offenses involving illegal sex misconduct. Sex crimes in California include lewd conduct, child pornography, rape, sexual assault and sexual battery, child molestation, prostitution and human trafficking. Most sex crimes carry potentially serious penalties, including jail, rigorous sex offender counseling and sex offender registration. This pertains to juvenile sex offenders as well.

Convicted sex offenders of certain sex crimes must register with their local law enforcement agency annually and within 5 days of their birthdays, or whenever they move. Homeless sex offenders must report to the local law enforcement agency of the area in which they are present. Under Megan’s Law, once reported to local law enforcement, that agency informs the California Department of Justice. Cal DOJ maintains a public list of registered sex offenders for public safety protection. This information is available on the Internet on the DOJ’s Megan’s Law website. Employers, neighbors, family members can all access this information, which includes sex offender’s names, photos, identifying and contact information and the underlying sex offense.

Beginning January 1, 2021, California now has a three-tier system of mandatory registration time periods for sex offender registration. Depending on the nature of the offense, mandatory registration minimum time periods for individuals convicted in superior court (adults-over 18) must register for 10 years (Tier 1); 20 years (Tier 2) and 20 years to Life (Tier 3) and juveniles must register for 5 years (Tier 1) and 10 years (Tier 2). After meeting their mandatory minimum terms, sex offender registrants may petition the court for termination of registration requirements, but must continue to register until a court grants the petition for registration termination. Individuals with out of state sex crime convictions have special issues pertaining to registration and termination.

Some sex crime offenses are considered to be less serious. Less serious sex crimes carry less severe penalties, and a few do not require registration. It is important for your lawyer to master these legal distinctions to afford you the best defense and outcome.

Acquiring a veterinarian license in California involves a significant investment of time and resources. But losing the same license can happen faster than you obtained it. Once you lose your license, you can no longer practice your career, affecting your livelihood and path to success. For these reasons, you want to act faster and defend your license if you face allegations of professional misconduct or other violations as a veterinarian. To increase your chances of successfully defending your license and protecting your rights, you need help from an experienced professional license defense lawyer. 

At the Law Office of Sara L. Caplan, our lawyers are devoted to safeguarding professional licenses when they face investigations and disciplinary actions. We will help you understand the allegations against you from a legal standpoint and advise you on how to proceed. We have defended hundreds of veterinarians in Los Angeles and are ready to extend the same expertise to you. Call us now for a consultation.

The Veterinary Medical Board Constitution and Mission

California's laws regulating veterinarian doctors’ and technicians’ licensing are described under Business & Professions (BPC) 4800-4917. These laws informed the establishment of the Veterinary Medical Board (VMB), overseen by the Department of Consumer Affairs (DCA). The VMB has seven members, three of whom are members of the public.

Per BPC 4800-4917, every member of the VMB must have graduated from a state-recognized veterinary college. Also, each member must have resided in California for at least five years before being appointed to VMB. They must also be licensed veterinarians and should have practiced in California for the past five years.

The public board members must have resided in California for at least five years. They must also not be members of any other state boards or have licenses from those boards. These laws require the board members to hold the office for terms of four years. Every member must remain in office until they are replaced or 12 months upon the expiration of their service term. 

The state governor appoints five of the seven members, one of whom must be a public member. The Senate and the Speaker will appoint the remaining two members, all of whom must be public members per the law. The board must then appoint an executive officer who will carry out duties as the board directs. The appointee must not be from the civil service.

The VMB issues licenses to qualified persons and oversees every license holder to ensure compliance. Its mission is to safeguard all consumers and animals by:

• Regulating license holders,
• Enforcing the California Veterinary Medicine Practice Act, and
• Fostering professional standards

To acquire a veterinary technician or veterinary doctor license, you must complete the required education level. You must also have not been found guilty of an offense against the duties and morals of a veterinarian. Veterinary doctors are doctors of animals. They diagnose, treat, and care for pets and even other animals. Veterinary technicians, on the other hand, are animal nurses. They help veterinary doctors in various ways.

When the VMB issues a veterinary technician or doctor license, the license holder must follow several ongoing requirements to avoid sanctions. If you face a veterinary license problem, you want to consult a skilled professional license defense lawyer.

VMB License Denial

The VMB can deny you a veterinary license for various reasons. Prevalent reasons include making false statements on the application or a criminal conviction of an offense related to a veterinarian's functions, qualifications, and duties. If the board has declined to issue you a license, you can contest its denial before the OAH (Office of Administrative Hearings) in a Statement of Issues hearing. You want to understand the correct procedure and argue your case most effectively to change the VMB's minds. If you win at the hearing, the board will award your veterinary license, and you can practice.

VMB Accusations

If you face an accusation as a veterinary technician or doctor, the VMB can sanction your license or even take it away as punishment. Common accusations you can be subject to include:

• Aiding and abetting unlicensed practice–This entails assisting unlicensed individuals in practicing veterinary medicine. This includes helping them perform procedures or offer services that necessitate a license. Doing so is a severe matter since it can expose animals to the risk of injury from unqualified people. It also undermines the regulations that ensure the safety and quality of veterinary practice.
• Failure to report animal abuse–veterinary technicians and doctors are usually better placed to detect signs of animal neglect or abuse. The law requires them to report these incidents to the proper authorities. Failure to report neglects the animals’ welfare and may be considered a breach of legal duty.
• False advertising–This could entail making deceptive, untrue, or misleading statements regarding the treatments’ effectiveness, staff qualifications, and services offered. False advertising could result in clients making uninformed decisions regarding their animal care. This may result in harmful or ineffective treatments.
• Negligence–Refers to failure to provide the standard of care a reasonable technician or veterinarian would provide under the same circumstances. Examples are incorrect treatment, misdiagnosis, failure to provide the necessary postoperative care, or surgical errors. Negligence is a prevalent basis for legal action and complaints. It can result in deterioration or harm to an animal's health.
• Animal cruelty–This entails any action that inflicts unnecessary harm or suffering on animals. This may include harsh treatment during handling or performing procedures in a manner that causes distress or undue pain. It may also involve neglecting the welfare of animals in your care. Such conduct severely violates the professional and ethical standards required in the veterinary field.

Other grounds for accusations include the following:

• Unprofessional conduct
• Abuse of illegal drugs, prescription drugs, or alcohol
• Gross immorality
• Incompetence
• Conviction of an offense substantially related to the functions, duties, and qualifications of a veterinarian
• Falsifying records 
• Narcotics-related transgressions
• Obtaining a veterinarian license by misrepresentation, fraud, or mistake

Note that the board does not have jurisdiction over complaints about collection methods, fee disputes, or personal conflicts.

What Happens When The VMB Receives a Complaint Against You?

Every year, the VMB receives more than a thousand complaints against licensees. These complaints come from consumers, professional societies, police agencies, and other government agencies. The board also receives information on misconduct through routine auditing of license holders and self-reporting on license renewals.

When the board receives a complaint against you, it reviews, analyzes, and processes it with the help of its investigators. The board will close the complaint if it falls outside of its jurisdiction and does not involve a basis for disciplinary actions. Examples of complaints that the board may close are those involving personality conflicts.

Otherwise, if the board has jurisdiction, it will send you a letter. Based on the allegations, the board will require narrative statements, medical records, like radiographs, and answers to particular questions. It might also request records from other agencies involved in the case.

Board investigators may even require you to appear in person to answer some questions. However, do not go without speaking to an experienced license defense attorney first. You risk incriminating yourself if you appear without proper counsel. Similarly, do not talk to the board investigators without first talking to a lawyer.

While the review and investigations are ongoing, the board may issue an interim suspension against your license. This refers to a temporary suspension order that prohibits you from practicing veterinary medicine until investigations are over and the board makes a further determination. Interim suspensions are likely if the allegations are severe. If you face an interim suspension order, you want to talk to an attorney. They may be able to have the board lift the order so you can continue to practice while awaiting the review to be over.

Once the review is over, the board might determine the accusations are unsubstantiated. Alternatively, the board might deduce that the allegations are valid and decide what action to take, if necessary. The board’s options include:

• Closing the complaint on the basis that it has no merit
• Handling the issue in-house and issuing a fine, citation, or private reprimand. This often happens if it is a minor case.
• Closing the complaint despite its determination that the complaint has merit. This can happen if there is inadequate evidence to proceed.
• Referring the case to the Office of the Attorney General for formal disciplinary action

If the VMB sends your case to the Office of the Attorney General, a deputy attorney general will take over. They will file a formal Accusation if you are a licensee or a Statement of Issues if you are an applicant. Filing an Accusation or Statement of Issues initiates a formal process under the California Administrative Procedures Act.

At this point, the deputy attorney general seeks to deny you a license if you are an applicant. If you are a licensee, they seek to revoke, suspend, or place the license on probation with several probationary conditions. The attorney general’s office will inform you of the Accusation or Statement of Issues filed against you. 

If you receive notice that the deputy attorney general has filed an Accusation or Statement of Issues against you, you have fifteen days to respond. You respond by filing a Notice of Defense. Failure to file your response within the stipulated period can lead to a default judgment against you. A default judgment will immediately strip you of your license and prohibit you from practicing veterinary medicine in California.

However, you will be granted your day in court if you file a Notice of Defense. You will be subject to an administrative hearing at one of the Offices of Administrative hearing. An administrative law judge (ALJ) will preside over the hearing. The deputy attorney general will represent the board, while you have the right to your own lawyer as well.

The judge will allow the board and the defense to present their cases, arguments, and witnesses. Either side will also have the chance to cross-examine the other’s witnesses. Once the hearing is over, the judge will render a ruling. If you win the case, you can continue your veterinary practice. But if the judge determines you are guilty, they will write their recommendations to the board about the disciplinary action it should impose. The board has the discretion to adopt the judge’s recommendations and impose disciplinary action, or it can modify or drop them altogether.

Before imposing disciplinary action, the board considers aggravating and mitigating factors per the official disciplinary guidelines of the Veterinary Medical Board. The disciplinary actions the board may impose after the administrative proceedings include:

• A public reprimand
• Placing your license on probation
• Probation with suspension
• License suspension
• License revocation
• Surrender of license
• Denial of license application
• Orders to practice under another veterinarian’s supervision
• Placement into a diversion program for alcohol or drug abuse
• Orders to undergo ethics training
• Orders to take additional continuing education

After issuing disciplinary action, the board also reports the discipline to the NDDB (National Disciplinary Database) tracking system. Remember that the board makes all disciplinary actions public, which means prospective clients might see them.

If you are not satisfied with the outcome of the administrative hearing, you can appeal the judge’s ruling to a higher court. You have sixty days to file your appeal, so you need to do it faster. Note that the judge will not hear your case afresh in case of appeal. They will just review the ALJ’s ruling to determine whether there were procedural mistakes.

Find a Skilled Professional License Attorney Near Me

Do not panic if you are under investigation by the VMB or face a formal accusation. Being under investigation or facing an accusation does not mean you are guilty. The most crucial thing to do at either stage is to contact a knowledgeable, professional license defense lawyer. An attorney will help you navigate the process while protecting your rights and license.

At the Law Office of Sara L. Caplan, we have helped veterinarians facing disciplinary action in Los Angeles receive the best outcome for their cases. We have skilled attorneys with years of experience defending against veterinarian license and other professional licenses. We understand how devastating it can be to lose a career, and we strive to fight for our clients’ best interests. Call us now at 310-550-5877 for a free and confidential consultation.