If you are charged with a serious felony and you may actually do jail or prison time, listen up.
1. You certainly need a private criminal defense attorney or public defender to represent you in the criminal proceedings.
a. This sounds like a no brainer but make sure you keep your appointment with your criminal defense attorney;
b. Attend all of your court appearances with your attorney;
c. Review your criminal discovery and take an active role in your criminal defense;
d. Do not rely on your criminal defense attorney to advise you on how the criminal issues will impact your nursing license; and
e. Make sure your attorney knows you are a nurse and this may also impact your license.
2. You should also consult with or try to retain a nurse license defense attorney as well while the criminal charges are pending.
a. Ask the nurse license defense attorney if they are willing to work with your criminal defense attorney; and
b. Consult with or retain an nurse license defense attorney with experience representing nurses before the State Nursing Board and who also has represented nurses with criminal convictions or criminal dispositions before the Nursing Board.
c. Be proactive as possible. Yes, its embarrassing but even more embarrassing when there may be a chance to do chest compressions on your nursing license now.
I am seeing more cases were nurses are actually going to prison and incarcerated for months or years. Most of these nurses have public defenders in the criminal case (there is nothing wrong with public defenders because they actually have alot of court room and trial experience) and in the State Nursing Board case represent themselves.
When you are facing prison time, you probably are not concerned about your nursing license but you should be because once you are released you may want to transition back into nursing or employment in healthcare. Its harder to do this if you did not proactively handle the State Nursing Board complaint while during the litigation of the criminal case.
I will say this until I am blue in the face but nurses really should consider having attorney representation when faced with a Board of Nursing complaint. There are just too many issues to consider, review, and make when you are doing this alone and especially if you are also facing criminal charges or you have been charged and your case is winding through the criminal justice system.
Also realize this: If you are involved in a State Nursing Board complaint and you don't have a private lawyer, you are representing yourself. I am always surprised when I am told by nurses they were not aware that they could retain an attorney to represent them before the State Nursing Board.
There is tendency to assume your case is "not that bad" when compared to other cases. You may think your State Nursing Board complaint is a 2 on a scale of 1-10 when actually its a 6 or 7.
Its human nature and a effective coping mechanism to rationalize your behavior, action, or inaction. Its what we all do. But saying:
1. I am sure the Board has bigger fish to fry that my case;
2. I am not one of the druggie nurses;
3. You would have though I killed someone the way the Board is acting here;
4. The criminal conviction has nothing to do with my nursing practice;
5. I didn't do anything wrong here (remember you are not in church);
6. Everyone else was doing this and I am taking the fall;
7. This really isn't that bad;
8. I know a nurse who did "way worse" and she is still practicing;
9. This is just silly, I told the Board everything and they are at my throat; and
10. My favorite told me recently, "Frack it, it is what is and what it is is BS."
But the above, IMO are the reasons why nurses don't have attorney representation in a State Nursing Board complaint. There is a failure or an inability to see the complaint for what it is, an alleged violation of the nursing law and rules, not a statement that you are bad person and a crappy nurse.
There is confusion about the role of the State Nursing Board, which is to protect the public. Complaints are investigated for public protection.
You need to at least consult with a nurse license defense attorney to discuss your options. You should also consider attorney representation for someone to work with you throughout the process.
I hate to see anyone go jail or prison, I really do. This is probably why I besides coming close to "slapping someone", I stay on the right side of criminal law because I don't want to go jail, I don't want to go directly to jail, I want to pass Go, and I want to collect $200.00. I grew up playing Monopoly and we would play this games for hours until someone left crying or started throwing the game pieces.
If you are a nurse and there is a high probability you are going to jail for a few weekends/weeks/months or you are going to the Big House for 6 months to several years, think now about your nursing license. I know you have alot of other things to deal with and arrangements to be made with your family for kids, etc.
But if you can think about your nursing license and take some time now to work on some of the licensure issues; do it now rather than later.
Speaking of prison. I had a State Nursing Board investigative meeting in Chillicothe, Ohio. There is a state correctional facility in Chillicothe.
Every week since January I am driving somewhere so friends and family will ask where you are traveling next, LaTonia? I kept saying Lucasville instead of Chillicothe. There is a state correctional facility in Lucasville, Ohio also.
I had never been to Chillicothe which is a 90 minute drive from Cincinnati, Ohio. Its actually a nice drive and all E-Way driving. I am actually glad the investigator suggested meeting in Chillicothe because it was a shorter drive time for the investigator and my client and it gave me another location where I can meet with my clients who live in Southeastern and Central Ohio.
There is more to Chillicothe than a prison of course but when I hear Chillicothe, I think prison. So when asked where are you going this week LaTonia, I replied Lucasville and then my husband would laugh and then I would say "no, I am sorry, I have to drive to Chillicothe."
Sorry that's the lawyer in me. If you say Marysville (state women's correctional facility in Ohio), Chillicothe, or Lucasville, I think prison.
If you are a nurse and you need to meet with me near Chillicothe, Lucasville, Warren, Marysville, London, Lebanon, Madison, Ross, Mansfield, Pickaway or Marion, just call us.
Jack's back in town and he can drive. http://www.drc.ohio.gov/web/prisprog.htm
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