Being a direct care provider is a responsible and rewarding job. You help people with their daily needs, offering support that improves their quality of life. Yet what happens if you get charged with a crime? Are you a Minnesota direct care provider charged with a crime? Learn your rights here.
When charged with a crime, understand your rights and take immediate action. Consult a lawyer who specializes in criminal defense and healthcare. Document everything related to the charge, and follow legal advice to protect your career and reputation. Take these steps to navigate this challenging situation well.
This can be a scary and confusing time. Your career and freedom can be at risk. This article will guide you through what to expect, your rights, and the steps you must take if you find yourself in this situation.
Understanding The Charges
When you are charged with a crime, it’s important to know what you are being accused of. As a direct care provider, charges can range from neglect or abuse to theft or fraud. Each of these charges is serious and can have major consequences for your career. The legal system treats accusations against care providers very seriously because of the vulnerable people you work with.
When you work a job that involves providing direct care to others, you probably remember being subjected to a background check when you were first hired. Examples of workplaces that require a background check include nursing facilities, medical offices, group homes, vocational rehabilitation centers, and schools — just to name a few. When a background check is required for your line of work, that study is completed by the Department of Human Services (“DHS”).
Among other things, DHS wants to see whether you’ve committed any disqualifying offenses. A disqualifying offense prohibits you from providing direct care for the time set forth in the statute. Minnesota statutes provide four disqualification periods: 7 years, 10 years, 15 years, and lifetime. The length of the disqualification is determined by the type and severity of offense. Some common disqualifying offenses include theft, assault, domestic assault, fraud, maltreatment, and neglect.
When you’ve been charged with a disqualifying offense, you must know that you do not even need to be convicted of the alleged offense to be disqualified. In some cases, the prosecuting attorney will make you an offer to keep the offense off of your criminal record. This is called a stay of adjudication. Essentially, you plead guilty, but the judge chooses not to “accept” your guilty plea. Instead, they place you on probation for a certain period.
When you complete probation, the charge is dismissed. While this sounds like a great deal, it’s essential to fully understand the terms and consequences of that offer. DHS can disqualify an individual based on a conviction or an admission. In the case of a stay of adjudication, you must admit that you committed the alleged offense. This is enough for DHS to disqualify you alone.
To take it one step further, DHS can disqualify you even if you maintain your innocence and your case is dismissed. The law allows a DHS disqualification if, after their independent investigation, DHS determines that it is more likely than not that you committed the offense. For this, they will examine the court proceedings, the police reports, and all other relevant evidence.
Know Your Rights
When you’ve been charged with a crime, remember that you have rights. You have the right to remain silent and not say anything that could be used against you in court. You also have the right to an attorney. It’s important to get legal help as soon as possible. A lawyer who specializes in criminal defense can explain the charges, help protect your rights, and guide you through the legal process.
The Impact On Your Career
A criminal charge can greatly impact your career as a direct care provider. When convicted, you could lose your job and your license to work in the field. Even when you’re not convicted, the charge alone could cause your employer to suspend you. Employers are often required to report any criminal charges against their employees to licensing boards or other authorities. This can lead to investigations that can further threaten your job security.
Steps To Take If You Are Charged
When you’re charged with a crime, it’s essential to know what to do next. Taking the right steps can help protect your rights and ensure your case is handled fairly. Here are some simple and clear steps you must follow if you find yourself in this situation. Let’s learn more about them.
Hire A Lawyer
The first thing you must do is hire a lawyer who knows a lot about both criminal law and the healthcare field. This lawyer will explain the charges against you and how they could affect your job or career. Having a lawyer means you’ll have someone to guide you through the legal process and protect your rights, ensuring you understand every step.
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Document Everything
Be sure to keep detailed notes on everything about your charge. This includes saving any messages you get from your employer and writing down details about your job and work history. Also, keep any proof or evidence that can help your case. Organizing all this information can help your lawyer build a strong defense and ensure nothing important is missed.
Follow Legal Advice
Pay close attention to your lawyer’s advice and do exactly what they tell you. This can include keeping quiet about your charges and not discussing them with anyone except your lawyer. Following their instructions helps protect your case and ensures you do everything needed to handle the situation correctly. Your lawyer is there to guide you, so it’s important to listen and act on their advice.
Prepare For Possible Outcomes
Learn about what can happen in your case, including the best and worst outcomes. Knowing these possibilities helps you get ready for what’s to come. It’s important to be mentally and emotionally prepared so you’re not surprised by any result. Your lawyer can explain these scenarios to you, helping you understand what to expect and how to handle each situation.
Understanding The Legal Process
The legal process can be long and complicated. It typically starts with an investigation, where the authorities gather evidence. Then, there can be a hearing or trial where you and your lawyer can defend against the charges. The outcome could be a dismissal of charges, a plea deal, or a trial verdict. Knowing what to expect at each step can help reduce stress and allow you to make better decisions.
Consequences Of A Conviction
When convicted, the consequences can be severe. You can face jail time, fines, and a permanent criminal record. This can make it difficult or even impossible to continue working as a direct care provider. Also, a conviction can affect other aspects of your life, such as finding other employment, securing housing, or maintaining relationships.
FAQs
1. What Should I Do If I Am Falsely Accused Of A Crime As A Direct Care Provider?
When you believe you have been falsely accused, remain calm and seek legal assistance immediately. Gather evidence that proves your innocence and avoid discussing the case with anyone other than your lawyer. False accusations are serious, and having a lawyer will help you clear your name.
2. Can I Continue Working As A Direct Care Provider If I Have Been Charged With A Crime?
Whether you can keep working depends on the charge and your employer’s rules. Some can suspend you, while others can let you work. However, a conviction can result in losing your job and your ability to work in the field. Always tell your lawyer about your job situation for proper guidance.
3. What Are The Potential Consequences If I’m Convicted Of A Crime As A Direct Care Provider?
When convicted, you could face jail time, fines, and a criminal record. This can lead to losing your job, revocation of your professional license, and difficulty finding work in the healthcare field. A conviction can also impact other areas of your life, such as housing and personal relationships.
Conclusion
Being charged with a crime as a direct care provider is a serious situation that requires immediate attention. Understanding the charges, knowing your rights, and taking the right steps to protect your career and freedom are essential. Hiring a skilled lawyer, documenting everything, and preparing for all possible outcomes are crucial. By staying informed and proactive, you can confidently navigate this challenging time.
While this can be discouraging and appear as if you cannot adequately protect your career if you’re accused of a crime, knowing that you have options is essential. The attorneys at Leverson Budke, PLLP are aware of the collateral consequences you can face from being accused of a crime. We work to place you in the best possible position to keep your job or career. When you’ve worked hard to obtain a job where you provide direct care to others, don’t let that all slip away. Contact a Minnesota Criminal Defense Attorney that will fight for you today.
