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Criminal Defense

Medical professionals may face a criminal investigation or prosecution relating to their practices or their personal conduct. Either may profoundly impact a professional’s liberty as well as their ability to continue in their chosen field. The Leichter Law Firm PC is well qualified to handle any type of criminal allegation that a medical professional may face. In addition to our firm members, the Leichter Law Firm PC has formed an of counsel association with E. G. Morris, a prominent Texas criminal defense lawyer in order to provide excellent representation for our clients in the full range of criminal matters. Mr. Morris has over 38 years of experience representing clients in both state and federal criminal matters. His experience includes representation of doctors, nurses, pharmacist, physical therapist, psychologists and other health care professionals in matters related to their practices as well as those related to their personal conduct. He is Board Certified as a Criminal Law Specialist by the Texas Board of Legal Specialization.

If you have been charged with a crime and your professional license is at risk, the Texas criminal defense lawyers of the Leichter Law Firm PC may be able to help you. To discuss your case with one of our experienced attorneys, please contact us today by calling 512-495-9995.

Accusations Relating to Professional Practices

In the past few years, medical professionals have come under increased scrutiny by state and federal law enforcement agencies resulting in a growing number of prosecutions involving billing practices, provider kickbacks and controlled substance prescribing. Defending the accusations requires not only knowledge and experience in state and federal criminal defense, but a thorough understanding of the administrative laws and regulations governing a medical professionals practice. Often, the prosecutor’s case turns on whether the medical professional has observed the prevailing practice standards for their particular discipline. The Leichter Law Firm PC is uniquely qualified to represent medical professionals in criminal matters relating to their practices because of the firm’s experience in both the administrative and criminal law fields. Our experience includes representation in the following matters:

  • Insurance Fraud Including Medicare, Medicaid and Private Insurers (billing fraud, including allegations of upcoding, and unnecessary or fraudulent services;
  • Illegal kickback schemes involving medical providers, pharmacies, and suppliers;
  • Drug Diversion
  • Non therapeutic prescribing and dispensing of controlled substances including “pill mill” allegations.
  • Prescription Fraud
  • Offenses involving misbranded drugs and other products
  • Financial Offenses Including Theft, Embezzlement, Taxation Offenses, Money Laundering and Currency Transaction Offenses.
  • Allegations of Sexual Misconduct Involving Patients

Accusations Resulting from Personal Conduct

Medical professionals may unfortunately find themselves under investigation for or accused of criminal offenses not directly related to their practices. Because of the potential impact on licensure, as well as the prospect of loss of liberty, these matters are very serious and should be handled by a skilled criminal defense lawyer. The Leichter Law Firm PC has extensive experience handling all type of criminal accusations. Our experience includes, but is not limited to, representation on the following matters:

  • Driving While Intoxicated
  • Intoxication Assault
  • Intoxication Manslaughter
  • Drug Possession, Manufacturing & Delivery
  • Obtaining Controlled Substances by Fraud and Deceit
  • Family Violence Assault
  • Offenses Involving Death (Murder, Manslaughter, Criminally Negligent Homicide)
  • Offenses Involving Sexual Misconduct

Criminal Law and Licensure

Criminal law and the multitude of issues which surround an arrest, indictment, trial conviction, plea agreement, probation, jail time, or a final conviction weigh heavily upon an administrative agency’s decision to pursue misconduct charges. In many cases, the decision is directed by statute and the misconduct, suspension, or revocation proceedings following a criminal conviction are required as a matter of law.

Therefore, when a licensed professional is facing criminal charges, it is imperative that he or she hire representation familiar with criminal practice and procedure as well as the repercussions that a given plea agreement or even trial could have on the professional’s license. In many instances, certain convictions, whether for deferred adjudication or straight community supervision, will require a mandatory suspension or revocation of the licensee’s license.

Some agencies require, upon a conviction for specific offenses, that the license be revoked unless the licensee can show that it is in the best interest of society as well as the licensee that he or she maintains the license. For obvious reasons, it is imperative that a licensee charged with a state or federal offense seek professional counsel to assist in decision making and explain the ramifications that a charge or plea agreement may have upon licensure renewal, application, or the filing of misconduct charges.

Drug offenses and violations of the Health and Safety Code allow for (and often require) some of the stiffest administrative and civil penalties upon a professional or healthcare license. Moreover, fraud is often associated with the unlawful possession or obtaining of prescription drugs. Therefore, it is imperative that a licensed professional seek immediate criminal representation to assist in the pretrial planning and proactive strategies that should accompany an arrest or indictment.

After being arrested for DWI, Possession of a Controlled Substance, Family Violence Assault, Allegations of Fraud, or Drug Diversion, professionals often hide and tend to ignore the problem thinking “they can’t do this to me.” This is often the worst approach that a licensed professional can take, as valuable time is often wasted that could have been used to either prepare a defense or assemble and develop mitigation evidence.

The Leichter Law Firm PC is especially devoted to representing both the criminal and the administrative needs of physicians and other licensed professionals. Having vast experience in both of these arenas, the Leichter Law Firm PC provides criminal representation with an understanding of the licensee’s professional needs.

Moreover, because we represent clients with the entirety of their professional practice in mind, we can provide sound advice, advocacy, and a strong criminal defense without losing sight of the client’s desire to continue working in his or her chosen profession. Furthermore, the possibility for miscommunication with a client or between attorneys is minimized so that the client’s primary interests and concerns can dictate strategy.