What do I do if I receive an Accusation?
An Accusation is filed by one of about forty-five state Boards in California and contains charges against you as a licensed professional. It was sent by the State Board that issued your license or their lawyer, the Deputy Attorney General. There will be several other documents included in the package, of which the Notice of Defense (NOD) is very important. If you do not want a Default taken against you, the NOD needs to be filed within a set period of time. Before taking action to file the Notice of Defense, we recommend you talk with and/or employ an thoroughly experienced State Board License Defense lawyer for advice and representation. The highest rated Administrative Law attorney with the most “five” star client reviews and attorney endorsements in California can help by filing the appropriate legal pleadings to begin the defense of your case. If you want an aggressive and complete defense as well as a lawyer who will develop a persuasive offense as well, you should contact Samuel Spital, a former Deputy Attorney General; he and his associate handle these cases in all cities in Southern and Northern California.
What if I am contacted before an Accusation is Filed?
Prior to the filing of an Accusation, you may be contacted by your licensing agency by letter, or by an investigator with the Department of Consumer Affairs or the Board that issued your license.
It is extremely important you reply in a prompt and cooperative manner, but you need to be aware this is not a friendly encounter. We recommend you obtain experienced State Board Professional License Defense Legal Counsel immediately. If you feel compelled to say anything, perhaps state: “I want to cooperate fully with you, but I will have my lawyer call you first.” It is better to be cautious than later sorry because your statements were used against you in a later Accusation.
It is best to have an immediate plan of action. The Managing Lawyer, Sam Spital, should be retained to develop a comprehensive short and long term plan of action and strategy to resolve your investigation at the earliest possible stage in an appropriate manner.
What if my application for a state license was denied?
If you plan to apply for a state license, you should review the application with an experienced Administrative Law Attorney before submitting it to the Board, Bureau or State Department. There are critical matters that may have to be considered and evaluated to avoid later having a problem.
On the other hand, if you already applied for a license and now have received a denial letter, you have the right to appeal. Here again, there are major considerations and steps to the process. We recommend you do not do this alone. Far too many clients have contacted us six months to one year after filing the appeal, only to find they have not received a reply &/or have been asked to provide answers to questions that could have been avoided had they retained a skilled and knowledgeable State Board License Defense Attorney.
Eventually, the case will be assigned to the State Attorney General or the Legal Counsel for the particular state agency. They will file a Statement of Issues, which essentially sets forth the reasons the license was denied and your opportunity and right to obtain a hearing or trial. At Spital & Associates, we will craft an appropriate and thorough plan of action and file the necessary legal documents to respond to the state board or agency to resolve issues at the earliest possible stage. Negotiations are also possible in these cases and in certain situations, the matter can be resolved without an administrative hearing or trial, if so desired.
Which Regulatory Agency is Involved?
Click here for California Licensing Agencies.
Should I call if I have questions?
We hope you will call or send us an email sooner rather than later.Some clients are extremely happy in consulting with us even before they start their educational program; as early as one year before filing an application; others before or as soon as they are having a problem at work; and, other clients contact us as soon as they receive an Accusation. Since the initial attorney consultation is free, please do not hesitate to contact our offices to schedule a telephonic consultation. We serve clients throughout Northern and Southern California and are here for you. We are as close as your desktop computer, table or cell phone if you would like to send an email or you can call at any time between 7:00am and 9:00pm seven days a week. .
Since 1971, we have practiced criminal law and, therefore, are familiar with all aspects of California law, including the penalties, probation and expungement that are relevant to a licensed professional or applicant for licensure. Here too, we urge you to contact us as soon as you are arrested if that be the case, so that we can help formulate a compelling defense or assist your criminal lawyer as the state agencies learn about arrests almost immediately after, and will be vigilant about calling or sending a letter to you. We do not allow our clients to speak with law enforcement, whether police, sheriff, investigator or state employee or analyst. We fully cooperate with the government, but are steadfast in our desire to not allow our clients to be interrogated &/or respond without the advice of their criminal defense or license defense attorney.
We are touch, smart and know the law; if you want an aggressive and affordable statewide license defense attorney,you should immediately contact Spital & Associates. You can send an email 24/7 or call us between 7:00am and 9:00pm daily (yes, that includes weekends and holidays).
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Associates are available 7am-9pm Daily.
Call 619.583.0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.