Given that some criminal prosecutions result from administrative law issues, it is crucial to understand the parallels and distinctions between criminal and administrative law. Watch the short video here to learn more about Phoenix criminal defense lawyer Howard Snader discussing the characteristics between administrative law and criminal law matters and how being charged with a crime might affect your license.
Some norms and ideals still in place today were adopted when the American legal system was still developing. These standards mainly concerned how persons charged with a crime would be handled by those responsible for seeking a conviction. The system is generally designed to protect the defendant’s rights, but in many instances, it is up to the defendant to make those claims.
The defendant is the person charged with committing a crime. A defendant is deemed innocent unless and unless proven guilty. Charges against the defendant may be lessened, or they may avoid conviction if there is a defense that justifies or defends their unlawful conduct.
Both criminal and administrative law are related to actions between the state and a person, group, or company. In a criminal case, the state brings and prosecutes the defendant on behalf of the people. Prison time as a form of punishment is only possible in criminal law cases. The state or a person may start an administrative law proceeding.
Fines and other remedies, such as injunctions, can be awarded in administrative proceedings, but not imprisonment. A prosecutor will decide whether to file a criminal complaint if an administrative agency discovers criminal activity.
There are a few things you should be aware of, and the main issue that many people run into is that they fail to promptly disclose the fact that they had contact with law authorities, that they were charged, or potentially the moment that they are found guilty. When you hold a professional license, be aware of your reporting deadlines and the cases you need to report because different licenses have different requirements. Be very conscious of that to avoid that issue since the administrative boards are more likely to penalize you for failing to report on time than they are for the actual underlying act.
You run into a second issue when you disclose it: what you write in that report. What you state on an administrative law report can be used in a criminal proceeding, depending on the situation, the crime, or the type of evidence in a police report. Contradictory statements, situations where you could be accused of telling lies, and license-related issues are all things you want to avoid. You could lose your professional license even if it wins the criminal case.
To keep your job, allow you to move on with your life, and engage in those hobbies that call for those particular certifications, you must speak with a lawyer with experience dealing with administrative boards, dealing with the paperwork that goes along with that, and knows how to resolve both the administrative hearing and the criminal process.
The day of your administrative hearing could decide a lot, especially if your professional license is at stake. The notion of hearing itself might be very frightening. You’ll be up against someone or something that is responsible for upholding the integrity of your profession and is very knowledgeable about it.
In contrast to a criminal case, an administrative hearing’s trier of fact is often a representative of the agency making the decisions rather than a jury of peers. An agency’s full board, a commission, or experts from the field could serve as the trier of fact.
Even though an administrative hearing doesn’t occur in front of an actual judge in a courtroom, it can be extremely damaging. Your case could succeed if you seek professional assistance and have a clear plan.
If a person has been convicted of a crime or offense that is relevant to the practice of their profession, specific licensing boards have the right to refuse or revoke their professional license. Both felonies and misdemeanors fall under this category. Additionally, several licensing boards have policies to punish professionals found guilty of crimes unrelated to their field of work.
The following are a few of the most typical criminal offenses that can affect a professional license:
It is critical to take criminal charges seriously. Numerous convictions may result in substantial penalties and jail time. You should then handle criminal proceedings carefully and adhere to the necessary procedural standards. By educating you on your legal rights, performing research to identify viable defenses you can make against your charges, and serving as your representative in court, a criminal defense attorney can assist you in those.
Snader Law Group assists clients by guiding them through each stage of a criminal case and the legal system. Also, if there are any possible alternatives to prison time, our skilled Phoenix criminal defense lawyers can submit motions to have their clients’ sentences reduced.
Contact Howard Snader, a criminal law expert with more than 30 years of extensive experience, if you are dealing with a criminal issue and a dispute with an administrative board.
