Defense for San Antonio Licensed Professionals: Protecting Your Livelihood, Career, and License

When a Texas Criminal Charge Threatens Your Professional License and Career

An arrest is a crisis for anyone, but for a licensed professional, it is a direct threat to your entire career. Your years of education, rigorous training, and professional standing are instantly jeopardized by a single accusation. At Barton & Associates, we understand that for doctors, nurses, pilots, attorneys, pharmacists, engineers, teachers, and other licensed professionals, the stakes of a criminal case are not just personal—they are profoundly professional.

We provide a specialized, strategic defense focused on one critical objective: protecting your license to practice and your professional future. Our attorneys are not only skilled criminal defenders but also savvy advocates who understand the complex interplay between the criminal justice system and state licensing boards. We develop integrated strategies to defend you in court and before your professional review board, because your livelihood depends on success in both arenas.

The Dual Threat: Criminal Court and Licensing Board Proceedings

For a licensed professional, an arrest triggers two distinct and dangerous processes that operate on parallel tracks:

1. The Criminal Case: This proceeds in state or federal court, with the potential for penalties including fines, probation, or incarceration.
2. The Administrative License Review: Simultaneously, your licensing board (such as the Texas Medical Board, State Bar of Texas, Texas Board of Nursing, or Texas Department of Licensing and Regulation) will initiate its own investigation. This is an administrative, not a criminal, proceeding but can have more devastating long-term consequences.

Key Differences & Dangers:

• Lower Standard of Proof: A criminal court requires proof “beyond a reasonable doubt.” A licensing board can sanction you based on a lower standard, such as “clear and convincing evidence” or a “preponderance of the evidence,” meaning it is more likely than not that you violated professional rules.
• Different Rules of Evidence: Protections like the exclusionary rule may not apply in board hearings. Evidence that might be inadmissible in criminal court could still be used against you professionally.
• Mandatory Reporting: Your professional license likely requires you to self-report an arrest or conviction within a strict timeframe. Failure to report can itself be grounds for disciplinary action, separate from the original charge.

Our Integrated Defense Strategy for Licensed Professionals

Our approach is built on the principle that these two battles must be fought concurrently with a unified strategy. A misstep in one forum can cripple your defense in the other.

Phase 1: Immediate Crisis Management & Pre-Board Advocacy

Time is not on your side. From the moment you contact us, we act to control the narrative:

• 24/7 Jail Release Assistance: We facilitate your immediate release to minimize disruption and allow you to continue working, where possible.
• Strategic Case Analysis: We conduct a privileged, immediate analysis of the criminal charges to assess the board’s likely interpretation and reaction.
• Guided Self-Reporting: We provide precise, legally sound advice on if, when, and how to report the incident to your licensing board. We can help draft notifications that fulfill your ethical duty while protecting your legal position and mitigating damage.
• Early Board Engagement: In many cases, proactive, skilled communication with board staff or counsel before a formal complaint is filed can favorably influence the direction of the review.

Phase 2: Coordinated Defense in Criminal & Administrative Forums

We wage a two-front defense designed to secure the best possible outcome in both proceedings:

• Negotiating with Dual Consequences in Mind: A standard plea bargain in criminal court may be a career-ending admission in a board proceeding. We negotiate with prosecutors for dispositions that not only minimize criminal penalties but also provide the strongest possible ground for defending your license—such as deferred adjudication, pretrial diversion, or reductions to charges that are less likely to trigger mandatory suspension.
• Preparing for the License Review Hearing: We represent you throughout the board’s investigative process, from responding to inquiries and subpoenas to preparing you for an informal settlement conference or a formal hearing before the State Office of Administrative Hearings (SOAH). We present a compelling case for your continued fitness to practice, emphasizing rehabilitation, peer support, and continued professional excellence.

Phase 3: Long-Term Career Preservation & Rehabilitation

Our representation extends beyond the final gavel or board order:

• Mitigating Collateral Damage: We advise on managing relationships with employers, hospitals, group practices, and insurance panels during and after the proceedings.
• Compliance with Board Orders: If probation or conditions are imposed, we ensure you understand and fully comply to ultimately achieve an unrestricted license.
• Expungement & Nondisclosure Orders: Once legally eligible, we will pursue expungement or sealing of your criminal record to limit public access and protect your professional reputation in the future.

Common Charges with Severe Professional Consequences

Our firm has a proven track record defending licensed professionals against a full spectrum of allegations, with particular expertise in charges that licensing boards view as most serious:

• Drug Crimes: Possession, DWI, or allegations of diversion are treated with extreme severity by medical, pharmacy, and nursing boards, as they directly relate to professional trust.
• Crimes of Moral Turpitude: Boards for law, finance, and real estate scrutinize fraud, theft, and dishonesty offenses most closely, as they call core professional ethics into question.
• Domestic Violence & Assault: These charges can trigger mandatory reporting and suspension under state laws and are viewed as demonstrating a lack of the judgment required for a position of public trust.
• Sexual Offenses: Any allegation of a sexual nature will prompt an immediate, high-priority board investigation and almost certain interim suspension pending a hearing.
• Financial Crimes (Fraud, Embezzlement, Tax Evasion): Especially critical for CPAs, financial advisors, attorneys, and anyone in a fiduciary position.

The Barton & Associates Difference: Why Our Firm Is Uniquely Equipped

1. Dual-Forum Experience: Our lead attorneys have decades of combined experience in high-stakes criminal defense and in navigating the specific procedures, cultures, and concerns of Texas professional licensing boards. We speak the language of both the courtroom and the hearing room.
2. A Former Prosecutor on Our Team: We benefit from the insider perspective of a former prosecutor who understands how charging decisions are made and how to effectively negotiate with district attorneys for outcomes that protect professional futures.
3. Proactive, Not Reactive, Board Strategy: We don’t wait for the board to act. We anticipate its moves and develop evidence and legal arguments from day one that are tailored to the board’s specific “fitness to practice” standards.
4. Discretion & Professionalism: We understand the profound need for discretion. All communications are protected by attorney-client privilege, and we handle your case with the sensitivity required to protect your reputation among colleagues and clients.
5. A Record of Results: We have successfully defended countless professionals—from surgeons to commercial pilots—allowing them to retain their licenses, return to work, and continue their invaluable service to the community.

Immediate Critical Steps to Take If You Are Arrested

1. Invoke Your Right to Remain Silent. Politely state, “I will not answer any questions without my attorney present.” This applies to both police and any employer or board investigator. Do not discuss the incident with anyone but your lawyer.
2. Contact Barton & Associates Immediately. This is the most important call you will make. Early intervention is the single greatest factor in protecting your license.
3. Do Not Communicate with Your Licensing Board Yet. While self-reporting may be required, the timing and content of this report are strategic decisions that must be made with your attorney. An ill-advised statement to the board can be as damaging as one made to the police.
4. Secure Your Legal Documents. Provide your attorney with a copy of your licensing board’s practice act and disciplinary rules, as well as any correspondence from the board.
5. Document Your Professional Standing. Gather evidence of your clean record, continuing education, peer reviews, patient/client testimonials, and community service. This material is vital for demonstrating your fitness to practice.

Your Career Is Worth a Vigorous, Specialized Defense

You have invested a lifetime in building your professional standing. Do not trust its defense to a general practice attorney. The intricate dance between the criminal justice system and professional licensing demands an attorney with specific, proven expertise in both.

Contact Barton & Associates Today for a Confidential, Strategic Consultation

The window to influence the outcome in your favor is narrow. Call Barton & Associates, Attorneys at Law at 210-500-0000 or complete our secure online contact form. We offer urgent consultations, and your discussion with our attorneys is completely confidential and protected by attorney-client privilege. We will immediately analyze the threats to your license and career and map a definitive path forward to protect both.

Main Category: Criminal Defense
Practice Area Category: Military, Professional or Student
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000