Defending Professionals - First Time Offenders
St. Petersburg Professionals First Time Offender Attorney for Professionals
If you are a professional (doctor, nurse, lawyer, teacher, law enforcement personnel, firefighter, CPA, State employee, Federal employee, business person) and have been arrested for a criminal offense in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Attorney, for specific information on defending professionals charged with a crime.
As a Professional Your Circumstances Are Unique
As a professional, this is likely your first encounter with the criminal justice system which can be intimidating and overwhelming. As a First Time Offender, the Morris Law Firm has the experience to guide you through this difficult situation while working to ensure that your reputation and career are protected.
As a professional charged with a criminal offense you have much more to lose than the typical defendant. Professionals must realize that a criminal offense on your record can affect your employment, professional licensure, current business, future earnings, and potential to continue in the career that you have spent lifetime training for.
Immediate and qualified legal representation is critical to minimize the negative impacts of an arrest and to avoid a conviction.
The Morris Law Firm can help address both the criminal charge with the State Attorney’s Office, as well as assist in working with your employer to ensure that you are treated fairly and within the law. Our objective is to have the prosecutor drop all criminal charges against you to protect your career and professional licensing. As well, we offer services to assist you in Sealing and Expunging your criminal record as necessary to protect your career.
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Doctors / Physicians in the State of Florida Charged with a Crime:
Doctors in the State of Florida are required to be licensed through the Florida Department of Health (DOH), through its Division of Medical Quality Assurance (MQA), which determines whether health care practitioners meet minimum licensure requirements.
Physicians are required to report all criminal offenses to the Board of Medicine. Physicians must know and comply with the following laws and rules as they pertain to your profession:
The Florida Board of Medicine can impose fines and suspend or revoke a physician’s license based on the circumstances of the case.
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Nurses in the State of Florida Charged with a Crime:
Nurses in the State of Florida are required to be licensed through the Florida Department of Health (DOH), through its Division of Medical Quality Assurance (MQA), which determines whether health care practitioners meet minimum licensure requirements.
The Florida Board of Nursing requires that except for minor traffic violations not related to the use of drugs or alcohol, all convictions, guilty pleas and nolo contendere pleas must be reported, even if adjudication is withheld. This includes misdemeanors, felonies, and Driving Under the Influence (DUI). Crimes must be reported even if they are a suspended imposition of sentence.
The Florida Board of Nursing can impose fines and suspend or revoke a nursing license depending on the circumstances of the case (see the Florida Board of Nursing Rule: 64B9-8.006: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances).
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Attorneys in the State of Florida Charged with a Crime:
Attorneys in the State of Florida must be licensed to practice law by the Florida Bar.
The Florida Bar Rule 3-4.4 Criminal Misconduct, states that, “…a determination or judgment of guilt of a member of The Florida Bar by a court of competent jurisdiction of any crime or offense that is a felony under the laws of such jurisdiction is cause for automatic suspension from the practice of law in Florida. In addition, whether the alleged misconduct constitutes a felony or misdemeanor The Florida Bar may initiate disciplinary action regardless of whether the respondent has been tried, acquitted, or convicted in a court for the alleged criminal offense…”
The Florida Bar may implement disciplinary action that may include probation, suspension from the practice of law, or disbarment.
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Teachers in the State of Florida Charged with a Crime:
The Florida Statues (1012.51) defines teaching as a profession in the State of Florida. The Florida Department of Education requires that school supervisors, school principals, teachers, library media specialists, school counselors, athletic coaches, or other positions in which the employee serves in an instructional capacity, in any public school of any district in Florida shall hold the certificate required by law and by rules of the State Board of Education.
The Florida Department of Education’s Office of Professional Practices states within its Code of Ethics for the Education Profession (6B-1.006 Principles of Professional Conduct for the Education Profession in Florida) that an educator certified in the State of Florida, “Shall self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendre for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes.”
The Florida Department of Education may revoke or suspend a teacher's certificate for conviction of a crime other than a minor traffic violation. Teachers may be dismissed or suspended on similar grounds.
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Law Enforcement Personnel in the State of Florida Charged with a Crime:
The Florida Department of Law Enforcement (FDLE) sets standards for law enforcement personnel (law enforcement officer, correctional officer, or correctional probation officer). Through the Florida Statues (Title XLVII, Chapter 943) the FDLE requires that law enforcement personnel achieve an acceptable score on the officer certification examination for the applicable criminal justice discipline.
The FDLE’s Law Enforcement Officer Ethical Standards of Conductstate under Rule 1.4 that, “Police officers, whether on or off duty, shall not knowingly commit any criminal offense under any laws of the United States or any state of local jurisdiction in which the officer is present, except where permitted in the performance of duty under proper authority.” Further, under FDLE Rule 2.6, “Police officers learning of conduct or observing conduct which is in violation of any law or policy of this Department shall take necessary action and report the incident to the officer's immediate supervisor, who shall forward the information to the Chief of Police. If the misconduct is committed by the officer's immediate supervisor, the officer shall report the incident to the immediate supervisor's supervisor.”
An officer whose certification has been revoked pursuant the Florida Statues and FDLE Rules is ineligible for employment or appointment under s. 943.131.
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Firefighters in the State of Florida Charged with a Crime:
Firefighters in the State of Florida must receive a certificate of compliance indicating that they have satisfactorily complied with the applicable training programs, and have successfully passed an examination as prescribed by the Florida Division of State Fire Marshal.
Florida Statues, Title XXXVII, Chapter 633.351: Disciplinary action; firefighters; standards for revocation of certification states that, “The certification of a firefighter who is convicted of a felony, or who is convicted of a misdemeanor relating to misleading or false statements, or who pleads nolo contendere to any charge of a felony shall be revoked until the firefighter complies with s. 112.011(2)(b). However, if sentence upon such felony or such misdemeanor charge is suspended or adjudication is withheld, the firefighter's certification shall be revoked until she or he completes any probation.”
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CPAs in the State of Florida Charged with a Crime:
Certified Public Accountants (CPAs) doing business in the State of Florida must be certified by the Florida Department of Business and Professional Regulation, Division Of Certified Public Accounting.
Florida Statutes, Title XXXII, Chapter 473.323: Disciplinary Proceedings, states that, “Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of public accounting or the ability to practice public accounting,” is grounds for which disciplinary actions may be taken.
Penalties may include:
- Revocation or suspension of the certified public accountant or firm's license or practice privileges in Florida
- Imposition of an administrative fine not to exceed $5,000 for each count or separate offense
- Issuance of a reprimand
- Placement of the certified public accountant on probation for a period of time and subject to such conditions as the board may specify, including requiring the certified public accountant to attend continuing education courses or to work under the supervision of another licensee
- Restriction of the authorized scope of practice by the certified public accountant.
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State Employees in the State of Florida Charged with a Crime:
Employees of the State of Florida have valuable benefits and pensions that may be lost if they lose their employment due to criminal charges.
In accordance with Section 110.227(1), Florida Statutes, an employee may be suspended or dismissed only for cause. Cause shall include, but is not limited to: violation of the provisions of law or agency rules; or conviction of any crime.
Florida State Employees may face penalties including:
- Dismissal from employment.
- Suspension from employment for not more than 90 days without pay.
- Demotion.
- Reduction in salary level.
- Forfeiture of no more than one-third salary per month for no more than 12 months.
- A civil penalty not to exceed $10,000.
- Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency by which the public employee was employed, or of which the officer was deemed to be an employee, or to the General Revenue Fund.
- Public censure and reprimand.
Florida Statues, Title X, Chapter 112.3173: Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits, states that, “Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination.”
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Federal Employees in the State of Florida Charged with a Crime:
The Office of Government Ethics (OGE) regulates ethical standards for Federal Employees.
Federal Employees are sworn to, “Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein,” thus any violation of State or Federal law can be used as cause to dismiss the employee and may also be cause to forfeit their pension.
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Potential Defenses:
We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your opportunity for a positive outcome. As your criminal defense lawyer, we will represent you at any necessary pre‐trial hearings, pre‐trial motions, and at trial.
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What To Do Next:
If you have been arrested:
1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, ask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.
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You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
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Morris Law Firm | St. Petersburg Criminal Defense Attorney for Professionals
If you are a Professional and have been arrested (including first time offenders), contact a St. Petersburg First Time Offender Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending first time offender professionals throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).