Published Mar 7, 2018
sarahellie
35 Posts
Hello all. I have been an LVN for 5 years now and recently stumbled into some trouble. I am not proud of this but I recently was charged with 2 counts of possession of a controlled substance. One hydrocodone was found in my vehicle and another was found in the jail after I was booked resulting in a misdemeanor possession charge and a felony charge for controlled substance in a facility. I have self referred myself to TPAPN hoping it would help me keep my license and just finished writing to the BON.... Here are my questions.... Has anyone gone through something like this before? What was the outcome? Were you able to keep your nursing license?? I'm so scared that I'm going to lose everything I've worked so hard for. It is literally making me sick.
I have no previous legal problems and no previous diciplinary action with the BON.
Uncle-JoJo
41 Posts
It depends. Are you set for an upcoming trial? Is someone/something other than the city/county filing charges on you?
We are more than likely going to plea bargain and I'll end up on probation. The court papers say it's me vs. state of Texas. I've never been in trouble before so I'm not sure at all what to expect
Eris Discordia BSN, RN
277 Posts
Was a DWI a part of the vehicle search? Signs of impairment that led to the search? Are you also in trouble for whatever led to that search?
No. I had an outstanding warrant for no insurance and they searched it after I was taken to jail.
You're best bet is going to be to retain an administrative law attorney who absolutely must specialize in your state's specific BON, in addition to your criminal attorney, in order to navigate the BON situation that is coming. Yes, it won't be cheap...but neither is losing your livelihood.
Does your plea agreement involve dropping the counts down from a felony to a misdemeanor? There are certainly avenues that can help you save your license in the long term, and they will involve a lengthy monitoring program appointed by your state's BON (in addition to any criminal probabtion). My monitoring program in 5 years long. I personally did not have any criminal charges to deal with.
It depends on your state whether any BON discipline will go public or remain private if you sign up for the monitoring program. Also, it depends on if your state precludes felonies from remaining private from public discipline.
My discipline was stayed, therefore not made public, as long as I complete the 5 year program. But, I'm not sure how criminal charges, particularly felony charges, would have changed that. Hopefully someone else can speak to that.
Regardless of all the legalities, it does seem that actually finding a job as a nurse after all the dust settles will be more difficult with a felony on your record, versus a misdemeanor. Simply from getting past HR to the next level of the job search would be more challenging because applications usually prescreen by asking you to disclose any criminal charges or convictions. They don't like felonies. I'm sure its not impossible, but getting them reduced would be optimal. Being in monitoring compounds this problem, because the company has to comply with any monitoring restrictions the program places on you.
Hopefully your plea involves the charges being reduced from felonies? That would help.
I'm sorry that I can't offer more than that.
You're best bet is going to be to retain an administrative law attorney who absolutely must specialize in your state's specific BON, in addition to your criminal attorney, in order to navigate the BON situation that is coming. Yes, it won't be cheap...but neither is losing your livelihood.Does your plea agreement involve dropping the counts down from a felony to a misdemeanor? There are certainly avenues that can help you save your license in the long term, and they will involve a lengthy monitoring program appointed by your state's BON (in addition to any criminal probabtion). My monitoring program in 5 years long. I personally did not have any criminal charges to deal with. It depends on your state whether any BON discipline will go public or remain private if you sign up for the monitoring program. Also, it depends on if your state precludes felonies from remaining private from public discipline. My discipline was stayed, therefore not made public, as long as I complete the 5 year program. But, I'm not sure how criminal charges, particularly felony charges, would have changed that. Hopefully someone else can speak to that.Regardless of all the legalities, it does seem that actually finding a job as a nurse after all the dust settles will be more difficult with a felony on your record, versus a misdemeanor. Simply from getting past HR to the next level of the job search would be more challenging because applications usually prescreen by asking you to disclose any criminal charges or convictions. They don't like felonies. I'm sure its not impossible, but getting them reduced would be optimal. Being in monitoring compounds this problem, because the company has to comply with any monitoring restrictions the program places on you.Hopefully your plea involves the charges being reduced from felonies? That would help.I'm sorry that I can't offer more than that.
Yes we are going to try to get the felony down to a misdemeanor. I self referred to texas' TPAPN program and I'm currently awaiting an evaluation. I can pass all drug screens including hair follicles. I was never actually addicted. I'm not denying that they weren't mine but never had an addiction problem.
I just spoke to my attorney they are going to drop it to a misdemeanor and more than likely I will have 1-2 years probation for both charges.