Professional misconduct can refer to a wide range of accusations against many different types of hardworking professionals in Pennsylvania. If you are a doctor, pharmacist, financial advisor, lawyer or another type of professional with a misconduct charge in Erie, you could face serious consequences.
Defending against professional misconduct charges can be critical to your future. A strong, tailored legal defense strategy may be the only way to avoid life-changing penalties such as prison time. A few common defenses could be available to you in a professional misconduct case.
In the United States criminal justice system, the burden of proof rests with the prosecution. It is the prosecutor’s job to prove your guilt beyond a reasonable doubt. This is the strictest standard of proof across all cases. In a professional misconduct case, it may be possible to show the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt. Insufficient evidence of unprofessional conduct or incompetence could lead to case dismissal.
Breached civil rights
If a police officer infringed upon any of your rights as a citizen during an investigation or arrest for professional misconduct, a lawyer could use this as part of your defense. Unlawful search and seizure of narcotics on your property or person, for example, can render any evidence collected at that time inadmissible in an Erie courtroom, unable to be used against you.
Coercion or duress
It may be possible to prove you are innocent of professional misconduct if someone else coerced you into committing the act in question. For instance, you may be the victim of coercion if your boss threatened to fire you unless you cooperate with a white-collar fraud scheme.
Coercion, intimidation, duress, physical injury, blackmail or deceit that forced your hand could be grounds for the courts to drop the charges against you. A discussion with a lawyer near you may illuminate possible defense strategies for your case.