Case Result: Nurse's License Preserved Despite Firearm Charges Through Pre-Trial Intervention

Professional:
Registered Nurse (RN) 

Primary issue:
A Nurse faced serious criminal charges for a violent offense involving a firearm, a situation with significant implications for his professional license. In Florida, such charges would likely have lead to license revocation, upon conviction. Recognizing the stakes, and at the prudent advice of his criminal defense attorney, the RN enlisted our firm to work alongside both his criminal defense attorney and the prosecutor to navigate and assist both in understanding the potential impact of the criminal proceedings on the nurse’s license.

Argument:
Our approach was to persuade the prosecutor, that taking a perfectly good nurse out of action, forever, and depriving the Floridian public of his services was not what criminal prosecution wanted to achieve in this case. We advised prosecution and defense as to the merits of Pre-Trial Intervention (PTI), both on a strategic level and on its merits; it would allow for a compromise acceptable to the client, since PTI would allow the nurse to preserve his license, while a conviction would jeopardize it. While we can and do defend the licenses of convicted licensees in front of the licensing boards, disciplinary liability with such a charge would have been perilous, and an ounce of prevention is worth a pound of cure.

Result:
The prosecutor agreed to the PTI, marking a significant departure from the usual application of this resolution, PTI being typically reserved for less serious offenses. This resolution is not considered a conviction and does not violate the RN’s practice act, thereby preserving his professional record and license. The terms of the PTI, while reflective of the charge’s seriousness, are far less severe than the consequences of a conviction or disciplinary action by the Department of Health. The RN accepted the PTI terms, understanding that this resolution effectively closes the matter concerning his licensure, allowing him to continue his career with an unblemished professional record.

Areas of Law:
Healthcare Professional Licensing Defense

Attorney:
Joseph Iennaco

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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