Through a series of tough negotiations with the prosecutor and by portraying a strong defensive position, we were successful in dismissing four of the five counts and obtaining diversion pursuant to MCL 333.7411.
After negotiations with the local prosecutor, our attorneys were able to secure a deferred sentence, the felony charges were negotiated down to a misdemeanor, and no negative licensing action was taken.
For nurses and other health care professionals accused of drug diversion, the most crucial thing to do is to fight the allegations as early as possible, in order to prevent formal action and discipline.
Professional:
Registered Nurse
Primary Issue:
A Michigan nurse was pulled over by the police with what the officer described as a large amount of Marijuana in her vehicle. The nurse came to us, fearful of the impact of a criminal conviction on her nursing license. The client retained us to dismiss the marijuana possession charge and prevent adverse nurse licensing consequences.
Benefit of Using Chapman Law Group:
The nurse was charged with possession of marijuana. Realizing that a conviction for marijuana possession would have significant consequences related to her nursing license, as well as any court ordered probation or jail, she retained our attorneys to represent her in the criminal case and licensing case. Our attorney successfully negotiated an agreement with the prosecutor, wherein the nurse would plead guilty to possession of marijuana in exchange for sentence diversion pursuant to MCL 333.7411. Under this law, as long as the nurse successfully completes the probationary term, the charges will be dismissed and the nurse will not have to report the arrest to the Michigan Board of Nursing. Thus, the nurse could avoid a trial, criminal conviction, and disciplinary action against her nursing license, a relative win-win situation.
Result:
The Court ordered eight months of testing pursuant to MCL 333.7411, and upon successful completion, the case will be dismissed. The nurse does not need to report her MCL 333.7411 deferral to the Michigan Board of Nursing. The nurse was very pleased that we were able to meet her goals and is able to continue to practice as a nurse unimpeded.
Areas of Law:
Nursing License Defense
Criminal Defense
Substance Abuse Matters
Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.
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Through a series of tough negotiations with the prosecutor and by portraying a strong defensive position, we were successful in dismissing four of the five counts and obtaining diversion pursuant to MCL 333.7411.
After negotiations with the local prosecutor, our attorneys were able to secure a deferred sentence, the felony charges were negotiated down to a misdemeanor, and no negative licensing action was taken.
For nurses and other health care professionals accused of drug diversion, the most crucial thing to do is to fight the allegations as early as possible, in order to prevent formal action and discipline.
