State licensing boards and authorities can request under California Penal Code Section 23 that a California professional license be suspended (as a condition of bail) if the licensee has been charged with a criminal offense and a criminal case is pending. Often this request is made by the Deputy Attorney General prosecuting the case from the California Department of Justice. The licensing board can also request this at the time of criminal sentencing as a condition of probation.
If you are a California professional with a pending criminal case, you need to hire a lawyer who is able to defend you against both your criminal charges as well as protect your rights to maintain your professional license in good standing.
Losing your license via a Penal Code Section 23 hearing, is a significant handicap for a licensed professional as license suspension can negatively impact your career and cause you to lose your job and/or your business. The suspension of a license in criminal court can also make it much more difficult to successfully save the license later in an administrative hearing with the licensing agency. Because of this, licensees often seek to plead or otherwise settle their criminal cases prematurely. This is why it is critical for California licensees facing Penal Code 23 situations to hire an attorney with both an Administrative Law AND Criminal Law background and experience.
The licensing board or authority must produce evidence (testimony and documentation) at the time a Penal Code 23 request is made that the licensee would be “dangerous if allowed to maintain their license”. This is why an experienced criminal and licensing lawyer needs to be at your side, advocating on your behalf. They can structure and gather the appropriate evidence refuting these claims and ensuring that your license is not appropriate for suspension. Lucy S. McAllister is just that, an experienced defense attorney with 30+ years spent as a practicing criminal and licensing attorney and who has additional experience on the bench as a judge. Her extensive trial experience (over 250 Superior Court trials) gives her unique insights into the complexities of licensing complaints triggered by criminal allegations.
If you have a California professional with a hybrid licensing law and criminal law situation, call the law offices of Lucy McAllister immediately. The Law Offices of Lucy S. McAllister have successfully represented a wide range of California licensed professionals and we are experienced in handling all types of licensing accusations and licensing issues as well as criminal cases. Let us help you protect your professional license, your reputation, and your livelihood.
For additional information or to schedule a consultation on your professional licensing and/or criminal issue, please contact our law offices today at (877) 280-9944.