I received a phone call from a nurse who I spoke with several years ago. The nurse was being investigated for allegations of patient neglect.
The nurse pled guilty to patient neglect, received criminal probation for several years with no actual jail time, and his/her nursing license.
The nurse wants to now clear his/her name because he/she didn't do anything, the criminal allegations were false, and was coerced into pleading guilty by his/her attorney.
I can't give legal advice on this blog and I would never second guess the advice giving by another attorney to a client.
But notwithstanding:
1. Its common sense. Do not admit to doing things you did not do in a Nursing Board matter or a criminal matter.
2. If you question the legal advice, counseling, and representation provided to you by one attorney, you can always seek a second opinion from a different attorney.
3. If your attorney is suggesting that you take a "plea" or settlement in any case, whether its a criminal case or a Nursing Board matter, there should be a reason and rationale for why a plea or settlement is suggested vs. taking the case to trial or a hearing. Discuss your options with the attorney. If your attorney is suggesting a plea or settlement, its usually because there is damaging evidence against you and your case isn't a strong as you think it is.
Not everyone can have or will have a Law & Order moment where you are acquitted of all charges or where after a Nursing Board hearing, the case is closed out completely and you are completed exonerated of all the allegations in the formal charges. Its just does not happen.
You don't know how many times I have heard nurses and nursing students remark "I didn't do it, I only pled guilty to get it over with", "I only pled guilty because I could not afford to take my case to trial", "My attorney told me to plead guilty and that's why I did it", "I pled guilty only because I knew I could get it expunged anyway."
I know we live in a society where its politically correct and perfectly acceptable to blame someone else and everyone else for your own actions or inaction and where there is a lack of personal responsibility and accountability.
Just my two cents and you are free to disagree with me but blaming everything on your attorney in a state nursing Board or criminal matter is so last century. For the better and for the worse, be professionally and personally responsible and accountable for your own actions, conduct, and the decisions made in your professional and personal life.
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