This is a common question we receive and you should know these are not do it yourself cases. lf you are a California doctor and have been, or suspect you may be, arrested for any crime, we recommend you take the following steps now:
1. Do NOT talk to anyone but your attorney
This is the most important suggestion we can make, bar none. The authorities and investigators from the DA’s office to a licensing agency’s investigators are tasked with allegedly “protecting the public,” and not you. Revoking your license and/or convicting you of a crime is their priority. They are not there “to help you,” despite claiming they are.
2. Do NOT give an interview to investigators, officers, agents, etc.
It is vitally important that you do NOT give an interview to a Medical Board investigator, police officer, federal agent, Medi-Cal/Medi-Care investigator, DEA agent, etc. without hiring counsel and having your attorney present with you. Do not feel pressured to make a decision to cooperate before you’ve hired counsel.
3. Do not discuss any 805 reports or details
lf you have received or expect to receive an 805 report from the hospital you work at, which involves revoking/suspending/denying physician/staff privileges, contact us right away and have no further discussions with hospital staff/counsel.
4. Do not speak with your employer or Human Resources
Do NOT speak to your employer about any arrest or suspected arrest if at all possible. There is often a final Human Resources “meeting” in which an employee about to be terminated will be given the option of making a written or verbal (often recorded) statement–we strongly suggest you NOT do either.
Resigning in lieu of termination is almost always the preferred option, as well. We can discuss these strategies more with you during your free initial conference.
5. Be upfront about retaining counsel
Tell anyone contacting you that you may be retaining counsel immediately and cannot speak to them until you’ve hired an attorney.
6. Retain our attorneys to defend you
Our attorneys can defend you in any criminal case filed (or expected to be filed) against you, and you should say nothing if you are ever placed in custody or contacted by law enforcement investigators in any custody facility. DO NOT GIVE AN IN CUSTODY INTERVIEW – DEMAND YOUR ATTORNEY BE PRESENT IF YOU SPEAK TO ANYONE.
7. Contact Brown & Brown immediately for options
Contact our attorneys immediately to discuss your options and how to protect you and your career. Many clients tell us they immediately feel a great sense of relief knowing they have our attorneys protecting them and their license/freedom. Let us protect you from the vast resources and aggression of state prosecutors and state agencies.
This blog is meant to provide information on current news and general information. It is not intended to constitute legal advice, nor is any attorney-client relationship established by its posting on this website. If you are facing a situation that involves your professional license, consult with a licensed attorney.
About Adam Brown
Mr. Brown joined the firm of Brown & Brown after receiving his Juris Doctor from Whittier Law School in Costa Mesa, California. He is also a graduate of the University of California at Irvine, where he received his B.A. degree in English.