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New York OPD Defense Lawyers

New York OPD Defense Lawyers – Your Career Is On The Line

If you are a licensed professional in New York facing disciplinary charges from the Office of Professional Discipline (OPD), you need an experienced OPD defense attorney on your side. OPD investigations and proceedings can lead to severe penalties, even loss of your professional license. Don‘t go it alone against the OPD – your career is on the line.This article will give you a helpful overview of the OPD disciplinary process and how an OPD lawyer can defend your professional reputation and license. We’ll also discuss specific strategies New York OPD defense attorneys use to protect the rights of healthcare providers, accountants, engineers, teachers and other licensed professionals.

What is the New York OPD?

The Office of Professional Discipline is part of the New York State Education Department. This state agency investigates and prosecutes allegations of misconduct against more than 50 types of licensed professionals in New York. Their goal is to protect the public from incompetent, unethical or impaired practitioners.Nearly every professional licensee in New York falls under the OPD’s jurisdiction – with a few exceptions like lawyers, physicians and physician assistants who are overseen by other agencies.

Professionals Targeted by the OPD

OPD cases arise from a diverse range of professions. Some of the main licensees represented by New York OPD defense attorneys include:

  • Nurses – RNs, LPNs
  • Physician assistants
  • Pharmacists
  • Dentists
  • Mental health counselors
  • Physical therapists
  • Social workers
  • Teachers
  • Accountants
  • Engineers
  • Architects
  • Veterinarians

This list just scratches the surface. The OPD also investigates complaints against chiropractors, optometrists, podiatrists, occupational therapists and many other licensed professionals in New York.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

How Do OPD Investigations Begin?

Disciplinary investigations by the New York OPD start with a complaint. Anyone – patients, clients, colleagues, employers, even anonymous sources – can file a misconduct complaint with the agency.By law, the OPD must look into every complaint received. Even a single complaint triggers an investigation.The OPD may also start investigations based on referrals from other agencies. For example, healthcare boards report professionals with criminal convictions, while the Department of Health flags facilities that fail to meet standards of care.

The OPD Disciplinary Process

If you receive a letter or call from an OPD investigator, you must cooperate with their investigation. However, you should contact an experienced OPD defense attorney before responding. Never speak to an investigator without counsel present.Here’s an overview of the different stages of the OPD disciplinary process:1. Investigation – The OPD investigator interviews witnesses, reviews records and documents, and writes up an investigative report. You may be asked to provide documents or sit for an interview.2. Investigative Committee Review – An OPD committee reviews the investigator‘s report and decides whether to move forward with disciplinary charges against the licensee.3. Pre-Hearing Resolution – At this stage, the licensee can negotiate a settlement with the OPD to resolve the case without going to a hearing. This is similar to a plea bargain in a criminal case.4. Administrative Hearing – If no settlement is reached, the case proceeds to a formal hearing before an administrative law judge. This is comparable to a trial.5. Appeal – If found guilty at the hearing, the licensee can appeal to the OPD Appeal Board and then to the NY court system.An experienced OPD defense lawyer can defend your interests at every step in this process. Their goal is to get charges dismissed pre-hearing or win a not guilty verdict at an OPD hearing.

Why You Need an OPD Defense Attorney

Here are some key reasons why you should never face OPD charges without legal representation:

  • Avoid Incriminating Statements – Speaking to an OPD investigator without a lawyer present can seriously harm your case. An attorney ensures you don’t provide damaging evidence.
  • Negotiate Settlements – An OPD lawyer can negotiate agreements like fines, probation or continuing education instead of license suspension or revocation.
  • Prepare a Strong Defense – Counsel will find weaknesses in the OPD’s case and develop defense strategies to achieve the best outcome.
  • Navigate the Appeals Process – If found guilty, an attorney can help appeal the decision and avoid severe penalties.

Even if you believe the misconduct allegation against you is bogus, having an OPD defense lawyer in your corner is critical. Don’t go it alone.

OPD Defense Strategies

An experienced New York OPD defense attorney has many strategies to protect the rights of licensed professionals facing disciplinary charges. Here are some of the ways a knowledgeable lawyer can defend your license:

  • File motions to dismiss the case if procedural rules weren’t followed or evidence is lacking.
  • Advocate for pre-hearing resolution through settlements or consent agreements.
  • Aggressively cross-examine OPD witnesses and challenge their credibility.
  • Present evidence and witnesses that contradict the OPD’s version of events.
  • Argue the OPD is overreaching by charging you – highlight gray areas in the law.
  • Dispute the OPD’s recommended penalties as disproportionate to the alleged offense.
  • Appeal to the licensee’s overall record of professionalism and service.

A skilled OPD defense lawyer finds creative ways to get charges reduced or dismissed pre-hearing, and knows how to build the strongest case possible if a hearing is unavoidable.

OPD Defense for Healthcare Professionals

Healthcare providers like nurses, physician assistants and mental health counselors are common targets of OPD investigations. An experienced healthcare license defense attorney can protect your reputation and livelihood if you’re accused of professional misconduct.Some effective defenses in OPD cases involving healthcare professionals include:

Lack of Intent – Argue the licensee acted in good faith and did not intentionally commit misconduct.

No Harm Occurred – Show the alleged violation did not actually harm any patients or the public.

No Violation of Standards – Prove the licensee’s conduct did not deviate from accepted standards of care.

Mitigating Circumstances – Explain any contextual factors that justify or excuse the licensee’s actions.

Complainant Credibility Issues – Attack the credibility and potential bias of the original complainant.With an OPD defense lawyer‘s help, healthcare providers can avoid disciplinary action and continue serving patients without disruption.

When to Hire an OPD Defense Attorney

If you receive notice you are under OPD investigation, it is critical to retain legal counsel immediately. The sooner you have an experienced lawyer advising you, the better.Don’t make the mistake of thinking you can handle an OPD investigation on your own. Many licensees regret trying to cooperate with investigators or provide statements without an attorney present.

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