Check out this article published in the August issue of Maricopa Lawyer.
When most people think about hiring a criminal defense attorney, they focus on the obvious goals: reducing charges, avoiding jail time, and securing the best possible outcome in court. In Arizona, the stakes for licensed professionals often extend far beyond the criminal case itself. A criminal charge can trigger a mandatory reporting obligation, licensing board investigation, and lead to professional discipline regardless of the outcome of the charge. By being familiar with both the criminal process and Arizona’s professional regulatory framework, defense counsel can help clients navigate these parallel proceedings to protect both their legal rights and their professional licenses.
DEFENSE COUNSEL IN CRIMINAL CASES
For all people, the value of experienced legal representation begins immediately. Indeed, the United States Constitution and the Arizona Constitution guarantee the right to counsel. The Supreme Court has held that suspects must be informed of this right prior to custodial interrogation. And Arizona provides further protection through Rule 6.1(a) of its Rules of Criminal Procedure, which specifically recognizes a defendant’s right to consult with counsel “as soon as feasible” after being taken into custody.
In early proceedings, such as an arraignment or initial appearance, counsel can challenge probable cause, advocate for favorable release conditions, and argue for reasonable bail. As the case progresses, counsel investigates the facts, strives to identify constitutional and evidentiary issues, develops mitigation, negotiates with prosecutors, and advocates in and out of court for the best resolution.
REPORTING REQUIREMENTS FOR LICENSED PROFESSIONALS
For Arizona licensed professionals, including physicians, nurses, pharmacists, and many others regulated by state licensing boards, a criminal charge often triggers independent statutory obligations. Under A.R.S. § 32-3208, licensed professionals are required to report certain criminal charges to their respective licensing boards within 10 working days after the charge is filed. This reporting requirement applies regardless of the outcome of the criminal case. In other words, even if the charge is dismissed, reporting may be required.
Perhaps even more surprising is the breadth of the reporting requirement. While A.R.S. § 32-3208 requires reporting of a “misdemeanor involving conduct that may affect patient safety or a felony,” licensing boards have issued guidance identifying specific offenses they consider reportable. For example, the Arizona Medical Board requires physicians to report several misdemeanor offenses that are not immediately recognized as implicating patient safety, such as obstructing a public thoroughfare.
These reporting requirements illustrate an important point: professional discipline is not limited to conduct occurring in the workplace. Licensing boards are tasked with protecting the public and may consider criminal conduct—however unrelated to a professional’s practice—as relevant to the individual’s fitness to hold a license.
BEYOND THE COURTROOM
This is where experienced defense counsel provides value well beyond the criminal case itself. For physicians, nurses, and other licensed professionals, failure to comply with mandatory reporting requirements may itself serve as a basis for disciplinary action with their licensing boards. And because boards conduct their own investigations to determine whether a licensee engaged in unprofessional conduct, a favorable resolution in the criminal case does not end the board inquiry. Counsel can assist at all stages of the administrative proceeding, from reporting criminal charges, responding to investigations, producing records, participating in investigative interviews, and appearing before the licensing board to advocate on the licensee’s behalf.
Although no attorney can guarantee a particular result, early guidance and proactive representation can make a significant difference in minimizing both legal and professional consequences.
about the authors
Shayna Frieden represents licensed professionals in administrative board matters, including proceedings before the Arizona State Board of Nursing, the Arizona Medical Board, and the Arizona State Board of Pharmacy, as part of her criminal defense practice.
Woody Thompson leads Gallagher & Kennedy’s criminal defense team and advises clients on all types of felony and misdemeanor offenses and government investigations.