An English teacher was placed on probation for three years for bringing a gun to school. He pleaded guilty to one count of carrying a loaded firearm into a school zone, which is a felony charge.
The teacher faces two venues: the Superior Court for the criminal offense of which he was convicted and the State for his teaching credential. This is standard practice for anyone in California who has a professional and/or occupational license, certificate, permit or teaching credential.
The dual jurisdiction is not the only consequences. In some cases, the Federal criminal statutes can be used and a case is brought in US District Court; in some cases there is also civil liability.
Commentary by Sam Spital, San Diego Criminal Defense Lawyer and California State License Defense Attorney
Commentary by SAM SPITAL, CALIFORNIA ADMINISTRATIVE LAW & CRIMINAL DEFENSE ATTORNEY:
“The California North Coast Times Standard newspaper on December 10, 2012 reported the Medical Board of California based upon a Stipulated Settlement imposed a revocation stayed and five years’ probation this month as its disciplinary action against Robert Alan Mott, a physician who previously pled guilty to the lesser included offense of Battery (the original criminal offense was Sexual Battery). This means he will continue to practice medicine, however, the medical doctor must have a chaperone when examining &/or treating female patients and he cannot supervise Physician Assistants.
The doctor was first licensed in 1980, was convicted of Driving Under the Influence in 2004 and in an earlier Accusation by the Medical Board was also charged in 2005 with Gross Negligence and Dishonesty in the care and treatment of a patient, and Unprofessional Conduct for a failure to maintain accurate and complete patient records. The earlier case resulted in this physician being placed on five years’ probation as well; hence, the within case is the second time he has been disciplined by the Medical Board of California. See http://bit.ly/VyUNcS
The news account noted the attorney representing the doctor could not be reached for comment, and she reported no statements in mitigation. When disciplinary action is filed against a physician or any licensed professional in California, there is an excellent opportunity to investigate, develop and then present both a defense and offense, along with compelling mitigating facts and circumstances surrounding the life of the individual in general and the case in particular. In this litigation, however, none were described in the Decision by the Medical Board nor in the account by the journalist who wrote this news article.”