looking for answers, experience

7 posts · started Jan 22, 2009

changed Jan 22, 2009, 1:20 PM
My situation is a complex one, i lost my license for diversion
joined ramp of nj, i got my license back, i paid the investigation fees of 5000, i have been in recovery since 2006, i got a job after 17 interviews and a year and a half later...thank GOD, now this year the county prosecuter has come to press criminal charges...........can the board take action again on the things i already was punished for? can i work with a criminal record.........its not my fault that the prosecutor waited over 2 years but life is not fair........i am dealing with it, but i am getting too much advice and i really need someone who knows.....................thanks
lance197728 Feb 4, 2009, 9:36 PM
That sucks. I can't believed they would press charges after all this time. Do you have a lawyer? I would think after the prosecuter looked at your recovery efferts they would be willing to cut you some slack.

If they don't drop the charges I would bet NJ has a deffered judication programe for first time offenders (i assume this is your only offense). If so you would just go on probation for a while and after you completed that the charges would be dismissed.

If they get dismissed you could maybe never have to tell the board or your employeer. I know thats not exactly the most honest way, but it seams to me you've already paid dearly for your mistakes.
hppygr8ful Mar 3, 2009, 4:50 PM
Two things are at work here - One the prosecutor and the BRN are to seperate entities. As such they work independent from eachother. The prosecutor has up to the end of the statute of limitations to file charges on any case. My sister was a prosecutor in California so I know this to be true. If you are working a solid program of recovery this may work in your favor depending on the Judge who hear's your case. I went with a friend of mine to court(for moral support) and even though she was found guilty of her crime when it came to sentancing the judge stated that based on the demonstrated recovery efforts and the fact that my friend was in a BRN discipline program. She suspended her other sentances.

Your other question is can the Board act on the courts action - The answer is the Board of Nursing can do anything it wants to do. My contract basically said that the Board resevered the right to amend my contract at any time and that if any part of the contract was found to be illegal or uninforcable then that part of the contract would be considered void. Basically the legalese was "We've got you by the short hairs" In my case the Board was very fair with me but I did everything they asked of me no matter how unreasonable it seemed. I never questioned or complained. I decided early that my trials with board fit into the catogory of things I could not change. Even when I had my false positive tests. I went to the board with the attitude that they were going to do what they were going to do. Ultimately I knew that I had not used and God new that I had not used and that was all that mattered. Hang in there,

Peace and Namaste

Hppy
CRNAspa Mar 4, 2009, 5:27 PM
changed wrote:My situation is a complex one, i lost my license for diversion
joined ramp of nj, i got my license back, i paid the investigation fees of 5000, i have been in recovery since 2006, i got a job after 17 interviews and a year and a half later...thank GOD, now this year the county prosecuter has come to press criminal charges...........can the board take action again on the things i already was punished for? can i work with a criminal record.........its not my fault that the prosecutor waited over 2 years but life is not fair........i am dealing with it, but i am getting too much advice and i really need someone who knows.....................thanks

We can give our opinions about what may or may not happen, but the bottom line is, you need legal representation. A criminal defense attorney is needed for the criminal apsects of the case the prosecutor is bringing against you. Dealing with the board of nursing falls under administrative law, not criminal law. Contact The National Association of Nurse Attorneys to find names of attorneys in your area.

Good luck and keep us posted!
changed Mar 10, 2009, 1:42 AM
Thank you for your reply and support............i am more hopeful. I went to court today for a preliminary, i have to go back in a month, my lawyer is optimistic and you are right, so far i have done all that i should do, the BON and RAMP knows my situation. I have a good job and my recovery comes first. So i stopped projecting and listening to those who were negative and Those who were always questioning me about the outcome. I will keep you posted.
CRNAspa Mar 10, 2009, 7:12 AM
changed wrote:Thank you for your reply and support............i am more hopeful. I went to court today for a preliminary, i have to go back in a month, my lawyer is optimistic and you are right, so far i have done all that i should do, the BON and RAMP knows my situation. I have a good job and my recovery comes first. So i stopped projecting and listening to those who were negative and Those who were always questioning me about the outcome. I will keep you posted.

Excellent. There are always those who look for the bad in people or situations or any and everything you can imagine. I imagine the sound of the Mom in the Charlie Brown cartoons coming out of their mouths (WaWaWaWa WaWaWaWa Wa WaWa). Never fails to bring a smile to my face. Then they wonder what the hell I'm smiling about.

One day at a time my friend. You are in my prayers.