Criminal charges!

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Specializes in ED, Transplant.

I think I have talked about my past before but here is a short recap. I was caught diverting meds 4 months ago. Less than 24 hours later I was an inpatient in a recovery center where I spent 29 days. When I entered rehab, I was immediately placed on FMLA (my hospital did not fire me). My employer did have to report me to attorney general and I was contacted by AG. I am very blessed d/t having multiple people backing me and my recovery. My managers, my director, my EAP counselor, my recovery center and their therapists plus my CM in my monitoring program. I had self reported and have been in complete compliance. When the AG contacted me, they wanted to know my side of story (the hospital had given them their side). I was advised from everyone to tell my side to AG, so I did. The AG said as long as I stayed in compliance they would not report me to BON.

Fast forward to today, I received a tiny postcard in the mail from county court and had a case number and said there was an initial hearing in one week! I looked up the case number and sure enough I have been charged with 3 felony level 6 charges! WOW!!, I was never arrested, never talked to police! My EAP is going to call AG on Monday morning and see if they have any idea what is going on. I am still employed with same company, in fact, I transferred department and start new position this next week! I don't even know anymore!!

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Specializes in Medsurg/ICU, Mental Health, Home Health.

You mentioned a lot of support personnel, which is wonderful; however...do you have legal counsel? And I mean independent legal counsel, none affiliated at all with your place of employment.

Also, remember that the BON is a separate entity from criminal court.

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Specializes in ED, Transplant.
Penelope_Pitstop said:
You mentioned a lot of support personnel, which is wonderful; however...do you have legal counsel? And I mean independent legal counsel, none affiliated at all with your place of employment.

Also, remember that the BON is a separate entity from criminal court.

I will be calling an attorney on Monday!

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Specializes in ED, Transplant.

Nobody has been down this path??? Any insight, experience, tips??

I am meeting with an attorney tomorrow.

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Specializes in OR.

Given that anything that is criminal eventually makes its way to the BON no matter if it was a nursing related offense or not (that's how people with a DUI on vacation that is a single bad choice get railroaded into a multi year monitoring program) I would be sure that the attorney you see is VERY aware of how the outcome (what the final charge/results/pleas/whatever) can affect the rest of your professional life. The BON is going to know about this regardless because there is a court case and therefore charges.

In addition to the attorney tending to the criminal matter, you may want to consult one that does license defense. The point of that is to head off the chance of public discipline. You've done everything you were supposed to do and should continue to do so. I did the same thing and was given the same advice that 'if I continued to do so, I would never hear from the AG again." That turned out to be a lie. In spite of the self report and self immolation, I was denied the confidentiality that is trumpeted about supposedly to encourage self reporting.

I guess, not to be a downer about all of this, but you need to protect yourself and be very wary of who or what to trust in The world of these monitoring programs and such. My experience, sadly is that laziness abounds, cash is king and we are disposable.

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Yeah when you gave "your side of the story" apparently you admitted to a boatload of crimes. The DA is now free to use that as a basis for a criminal case against you and it looks like they are. This is sad. You trusted these folks and its hurting you. Harsh lesson here. Don't think that all these folks are going act in your best interest or pursue anything that looks like justice. You need a criminal defense attorney who will probably be able to get these charges dropped or reduced if you are a first time offender. You are also going to need counsel to deal with the BON which (believe it or not) is much worse than the DAs office

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I’m currently working with ipn in Florida & it’s really not going well. The recommendations were I check into one of the evaluating dr.s facilities that is out of pocket, even though I’ve gone through treatment & been sober for over 7 months. It’s really about money, I’m a great nurse & the only way my drinking effected my nursing was unfortunately my attendance at times.

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Specializes in Med/Surg, Women's Health, LTC.
On 6/16/2019 at 5:01 AM, Tessa Marie Maxam said:

I’m currently working with ipn in Florida & it’s really not going well. The recommendations were I check into one of the evaluating dr.s facilities that is out of pocket, even though I’ve gone through treatment & been sober for over 7 months. It’s really about money, I’m a great nurse & the only way my drinking effected my nursing was unfortunately my attendance at times.

I am so sorry to hear that. I have heard that FL is pretty bad when it comes to "referring" nurses for treatment.

I am worried (not in FL), because I have 14 years clean and sober and I fear the BON is going to ask me to do treatment, as I am asking for my license after a revocation.

Good luck to you and I hope you make it through!

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Whatever came if this?!? I’m very interested to talk to you about this as I’m going through something kinda similar.

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Even if you go with a “Public Defender,” ask about Court Deferred Prosecution, or Court Diversion Program.

First Time Non-Violent Offenders will almost always get this, and the charges will drop, after you complete the time and fees.

I had to call once a month, and pay monthly fees and my whole story is on “Hope after Revocation,” of what came of my Accusation, Legal Issues, and the Aftermath.

This is not the end or the beginning of the end, it’s just a speed bump- You will come through this to the other side.

Prayers

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Good advice here thus far. I made the same mistake of thinking that honesty would help me. It didn't.

Get an experienced criminal lawyer, and a lawyer dealing with the Board of Nursing in your state.

Don't talk to anyone from the local prosecutor's office without a lawyer present. For that matter, from here on out, don't talk to anyone without a lawyer present.

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