Matched, then arrested a week later. What to do?

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Raccoonwhisperer

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Well, as luck would have it I was arrested and charged with third-degree assault (the least serious degree, but assault no less). The allegation is by a bouncer. I maintain my complete innocence, and it was I who was assaulted. I could/did not even defend myself. However, that is for the legal system to decide, so please leave that to them.

My question is - When do i need to bring this up to my residency program? My Desk Appearance Ticket scheduled my appearance for late May, which is pretty far away. I'm told theres a good chance it will be dismissed so i dont want to jump the gun and scare them now, but theres also a good chance it can proceed to a trial.

My program's background check has already come back clean, and there were no questions about just arrests. I can't find any written instructions about timing of reporting these kinds of things to my program.

Any advice?

Edit: Already lawyer'd up guys. Lawyer advised me to read into my program's handbook, which i haven't had any luck finding.

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call a lawyer. not necessarily a criminal attorney but someone who deals with contracts and employment. not sure if this is the place i'd come to for legal advice given the stakes.
 
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call a lawyer. not necessarily a criminal attorney but someone who deals with contracts and employment. not sure if this is the place i'd come to for legal advice given the stakes.


Forgot to mention, already lawyer'd up. Lawyer advised me to look into my employee handbook, which i haven't been able to find. Was hoping someone can speak from experience.
 
Forgot to mention, already lawyer'd up. Lawyer advised me to look into my employee handbook, which i haven't been able to find. Was hoping someone can speak from experience.

You need a better/different kind of lawyer.
 
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You need to find a civil lawyer as well and sue the bar and the bouncer for defamation/bringing false charges etc, etc.
 
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There's no "right" answer to your question.

One option is to be transparent with your program, let them know about this issue. Some programs do require that you alert them if you're arrested. You're unlikely to find an "employee handbook" -- it's probably only available to employees, and you're not actually hired yet. This option has the benefit that no one will be surprised in the future. But, there's always the chance that you could fail the onboarding process because of this.

The other option is to hide it, and hope it gets dismissed.

If it doesn't get dismissed in May, then any trial is likely to happen during your training. You'll probably have to disclose. If you don't disclose now, and then tell them later, that might be seen as a bigger problem than the arrest itself.
 
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Thanks for your message. This is how I assessed my situation as well.

One option is to be transparent with your program... you could fail the onboarding process because of this.

This is the crux of my problem and I was hoping someone could have pointers on where to look to know what I “should” do next.

I get that I’m not hired just yet, thus I wonder if they need an actual reason to let me go. If I were already “hired” then I think the law would’ve protected me from being fired for just an arrest. I don’t think I have that legal protection yet.
 
@aProgDirector
I can see the point of disclosing early but I feel there is something inherently wrong with potentially serious negative consequences for having done nothing wrong (presuming op is innocent).

If there's nothing to the allegations then it will get dismissed.

Not all program directors are fair and understanding and that's the risk with early disclosure.
 
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This is the crux of my problem and I was hoping someone could have pointers on where to look to know what I “should” do next.

I get that I’m not hired just yet, thus I wonder if they need an actual reason to let me go. If I were already “hired” then I think the law would’ve protected me from being fired for just an arrest. I don’t think I have that legal protection yet.

It's not that simple. It will be very state dependent. It is true that it's almost always easier to "not hire" someone rather than to "fire" them early in their employment. But if the program's policies require immediate disclosure of arrests or pending legal matters, you'll need to disclose this on day 1. And, as mentioned, if this does drag on beyond July 1, then you'll likely need time off to deal with it.

There's nowhere to "look" to see what you should do next. You need to make a decision and live with it. Early, late, and no disclosure to your program all have positives and negatives. If you think it's very likely that it will be completely discharged by the time you actually start, then it's reasonable to not disclose it. But if you get to Day 1 and it's not completely addressed, I'd probably tell your PD. But if you don't tell them now and it shows up on your background check, that could be a problem.
 
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Just tell your PD you had a little scuffle and got charged with minor assault but it's probably going to be dismissed. It's either going to be dismissed or they're going to put u in a diversion program where you do probation and then it gets dismissed. Either way you're not gonna get convicted over this. Doesn't sound like a huge deal at all and I doubt any PD would not proceed with your residency for this.
 
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It's not that simple. It will be very state dependent. It is true that it's almost always easier to "not hire" someone rather than to "fire" them early in their employment. But if the program's policies require immediate disclosure of arrests or pending legal matters, you'll need to disclose this on day 1. And, as mentioned, if this does drag on beyond July 1, then you'll likely need time off to deal with it.

There's nowhere to "look" to see what you should do next. You need to make a decision and live with it. Early, late, and no disclosure to your program all have positives and negatives. If you think it's very likely that it will be completely discharged by the time you actually start, then it's reasonable to not disclose it. But if you get to Day 1 and it's not completely addressed, I'd probably tell your PD. But if you don't tell them now and it shows up on your background check, that could be a problem.
The other problem is also going to be state dependent - training licenses.

Years ago, a young medical student I knew got intoxicated during a holiday party during M4 year and may or may not have assaulted someone. They got arrested, and had an ongoing legal case. I think it eventually got pled out to some community service or something - but the program this student matched in was in the same state as the assault and thus it was dutifully reported when the application for a training license was put in.

Yeah, no automatic processing after that - the newly-graduated doctor was called before the full licensing board to explain themselves - and the process took long enough that the license wasn't issued until August, so the beginning of residency was delayed. The residency program was not happy.
 
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The other problem is also going to be state dependent - training licenses.

Years ago, a young medical student I knew got intoxicated during a holiday party during M4 year and may or may not have assaulted someone. They got arrested, and had an ongoing legal case. I think it eventually got pled out to some community service or something - but the program this student matched in was in the same state as the assault and thus it was dutifully reported when the application for a training license was put in.

Yeah, no automatic processing after that - the newly-graduated doctor was called before the full licensing board to explain themselves - and the process took long enough that the license wasn't issued until August, so the beginning of residency was delayed. The residency program was not happy.

Yup, pretty much the same story with me (leading up to the arrest). It did occur in another state however.

Could my training license be delayed for this?
 
Yup, pretty much the same story with me (leading up to the arrest). It did occur in another state however.

Could my training license be delayed for this?
Absolutely could. Will depend on the state but some will call you before the board to explain any criminal past, particularly a recent one.
 
You have been charged. You're not guilty. Wait for the courts to decide.
 
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I would also go sober for now, you cannot afford a repeat
 
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Get your lawyer to move it up

That’s what my lawyers offering to try for, although I’m not sure whether that might reduce the chance of dismissal? He hasn’t gotten back to me about that, but I’ve heard anecdotally they dragging these things out can work in the defendants favor.
 
Spoke with yesterday, confirmed he has a concern over reducing the likelihood of dismissal if we were to ask the DA to do the work of moving up the date. Just FYI
Honestly I would say nothing. They may be pissed but firing you after you started would be harder than letting you go now. You also don't have to give them a timeline of the entire sequence of events if dates drag into July. Short and simple that you have been falsely accused and you have been told there is a high chance of dismissal of charges. You shouldn't lie but you don't owe them preemptive disclosure. I also think the kind of admin who is going to rage against you because of a court date is not the same kind of admin who will thank you for telling them early and be more interested in helping work with you to stay. So you don't gain anything from an early disclosure.
 
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Just tell your PD you had a little scuffle and got charged with minor assault but it's probably going to be dismissed. It's either going to be dismissed or they're going to put u in a diversion program where you do probation and then it gets dismissed. Either way you're not gonna get convicted over this. Doesn't sound like a huge deal at all and I doubt any PD would not proceed with your residency for this.

Telling your program you had "a little scuffle" that resulted in criminal charged but "it's not a big deal / will get dismissed" probably not a good idea and I'd have to disagree strongly. It is a huge deal that could end your career before it even starts. Maybe in other fields wouldn't be a big deal, in medicine any type of assault charges are taken extremely seriously and using language to try and down play it as something you just shrug off likely isn't the most advisable course of action.

OP, the crux of the issue here seems to be that you are unsure of your programs policies on disclosure for this type of incident. Given that you haven't signed an employment contract yet, you are not bound by any policies of said contract. If the program hasn't instructed you specifically to disclose this type of incident and you haven't signed any contract compelling disclosure then I wouldn't volunteer to disclose it yet, and just hope it gets dismissed before you start residency and doesn't become an issue. However, I agree with the above advice that a lawyer who is familiar with this sort of situation is an absolute must rather than rolling the dice on SDN armchair legal advice.
 
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I have a good lawyer to defend me from the criminal allegations. I might need to speak with a licensing lawyer but i would only have this question for them.

Licensing lawyers could help address how to communicate with both the program and state medical board, and I think are very worth it considering how high-stakes this situation is. I would try to find a reputable one in the state of your future residency and pay for a 1 hour meeting to discuss your concerns and go from there (could try for a free consultation but you'll likely need to pay to get a real opinion).
 
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So, where were you and what were you doing to cause this arrest to occur?

Also although you have matched, it is unlikely you have gone through your program's state's medical board background check for licensure. This will likely be an issue.
 
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You need pre trial deferment. After that, expungement.
 
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Also although you have matched, it is unlikely you have gone through your program's state's medical board background check for licensure. This will likely be an issue.

Thanks for the heads-up, i guess.

So, where were you and what were you doing to cause this arrest to occur?

I was outside of the bar, not running from multiple aggressive bouncers that were each easily several times my size. I was tackled, got up and walked away, didn't hit or hurt anyone, then had my first-ever arrest after living a decent crime-free life of studying and public service. Was there a purpose to your question - are you assuming my guilt and ready to offer some life advice from some moral high-ground? Just curious for backstory? Or going to actually offer a substantive reply?

Anyway, I've consulted a licensing lawyer and and have a criminal defense lawyer on board. I'll post an update for the future folks that scour for an answer a similar conundrum.
 
You need pre trial deferment. After that, expungement.

I've heard of the pretrial deferment from the licensing lawyer. Thanks for this.

Any recommendation on options they may offer that i should absolutely avoid? Options that may sound enticing but are actually traps (given the sensitive nature of the medical board), like guilty pleas and things that cannot be expunged.
 
Thanks for the heads-up, i guess.



I was outside of the bar, not running from multiple aggressive bouncers that were each easily several times my size. I was tackled, got up and walked away, didn't hit or hurt anyone, then had my first-ever arrest after living a decent crime-free life of studying and public service. Was there a purpose to your question - are you assuming my guilt and ready to offer some life advice from some moral high-ground? Just curious for backstory? Or going to actually offer a substantive reply?

Anyway, I've consulted a licensing lawyer and and have a criminal defense lawyer on board. I'll post an update for the future folks that scour for an answer a similar conundrum.

No need to get defensive, I think the poster was simply trying to get your side of the story that brought you to the situation you are currently in. I bet your attorneys asked very similar questions, and the judge or whoever hears the case likely will too...
 
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Thanks for the heads-up, i guess.



I was outside of the bar, not running from multiple aggressive bouncers that were each easily several times my size. I was tackled, got up and walked away, didn't hit or hurt anyone, then had my first-ever arrest after living a decent crime-free life of studying and public service. Was there a purpose to your question - are you assuming my guilt and ready to offer some life advice from some moral high-ground? Just curious for backstory? Or going to actually offer a substantive reply?

Anyway, I've consulted a licensing lawyer and and have a criminal defense lawyer on board. I'll post an update for the future folks that scour for an answer a similar conundrum.
Not an unreasonable question when someone post on here that they got arrested.
 
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Not an unreasonable question when someone post on here that they got arrested.

No need to get defensive, I think the poster was simply trying to get your side of the story that brought you to the situation you are currently in. I bet your attorneys asked very similar questions, and the judge or whoever hears the case likely will too...

I mean, I did state in my original post that no one was hurt and that i maintain my innocence. Does this thread really need to be turned into a hearing? There will be an assigned jury, let's please just leave that to them. The poster's question only serves to derail.
 
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I mean, I did state in my original post that no one was hurt and that i maintain my innocence. Does this thread really need to be turned into a hearing? There will be an assigned jury, let's please just leave that to them. The poster's question only serves to derail.
True, but this is SDN, and this forum in particular, the tip of the iceberg syndrome is very real....meaning that there are always two sides to every story.
 
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OP what state are you in? I can offer some insight on what may happen with FL or NC medical boards if an arrest were to pop up on your background check. Haven’t had experience with other states.
 
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OP what state are you in? I can offer some insight on what may happen with FL or NC medical boards if an arrest were to pop up on your background check. Haven’t had experience with other states.

Arrest occurred in NY but I’ll be working in FL. Would greatly appreciate that insight. Thanks in advance.
 
@aProgDirector
I can see the point of disclosing early but I feel there is something inherently wrong with potentially serious negative consequences for having done nothing wrong (presuming op is innocent).

If there's nothing to the allegations then it will get dismissed.

Not all program directors are fair and understanding and that's the risk with early disclosure.
That is absolutely not a given.
 
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That is absolutely not a given.
Eh. If you're an educated professional with a clean record and a good lawyer, it's pretty close. The US Justice system is biased and that's awful, but it's biased towards people like us typically (excepting ethnicity since I have no idea where you or the OP are, but even then - being clean cut with a good record and appropriate legal advice is *probably* sufficient).
 
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unless, of course, you have a district or county attorney that wants to make a name for themselves, and "make an example" out of the OP. It happens more that I like to think about.
 
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Well, as luck would have it I was arrested and charged with third-degree assault (the least serious degree, but assault no less). The allegation is by a bouncer. I maintain my complete innocence, and it was I who was assaulted. I could/did not even defend myself. However, that is for the legal system to decide, so please leave that to them.

My question is - When do i need to bring this up to my residency program? My Desk Appearance Ticket scheduled my appearance for late May, which is pretty far away. I'm told theres a good chance it will be dismissed so i dont want to jump the gun and scare them now, but theres also a good chance it can proceed to a trial.

My program's background check has already come back clean, and there were no questions about just arrests. I can't find any written instructions about timing of reporting these kinds of things to my program.

Any advice?

Edit: Already lawyer'd up guys. Lawyer advised me to read into my program's handbook, which i haven't had any luck finding.
did you end up disclosing early? In the same position rn
 
Well, as luck would have it I was arrested and charged with third-degree assault (the least serious degree, but assault no less). The allegation is by a bouncer. I maintain my complete innocence, and it was I who was assaulted. I could/did not even defend myself. However, that is for the legal system to decide, so please leave that to them.

My question is - When do i need to bring this up to my residency program? My Desk Appearance Ticket scheduled my appearance for late May, which is pretty far away. I'm told theres a good chance it will be dismissed so i dont want to jump the gun and scare them now, but theres also a good chance it can proceed to a trial.

My program's background check has already come back clean, and there were no questions about just arrests. I can't find any written instructions about timing of reporting these kinds of things to my program.

Any advice?

Edit: Already lawyer'd up guys. Lawyer advised me to read into my program's handbook, which i haven't had any luck finding.
You have a license already? I don't think the program can fire you. Licensing if you don't have a license already might be problematic. However if you have a license already might be less so. I know an attending who had multiple domestic violence assaults/convictions - against two of his wives (divorced and re-married a number of times) - somehow seemed to have a license and still practice. So while certainly less than ideal, even if you did get convicted of assault I don't think it automatically disqualifies you from a license - might just make it harder.
 
You have a license already? I don't think the program can fire you. Licensing if you don't have a license already might be problematic. However if you have a license already might be less so. I know an attending who had multiple domestic violence assaults/convictions - against two of his wives (divorced and re-married a number of times) - somehow seemed to have a license and still practice. So while certainly less than ideal, even if you did get convicted of assault I don't think it automatically disqualifies you from a license - might just make it harder.
It's been 2 years and the OP was last on the site almost a year ago. So hopefully this has been sorted.
 
It's been 2 years and the OP was last on the site almost a year ago. So hopefully this has been sorted.

Fair enough, I guess I didn't see that.
 
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Fair enough, I guess I didn't see that.
hope it went ok for that person though
while i'm only a premed these sorts of things make me nervous
i remember the anjali ramkissoon case and i honestly felt a little bad for her
 
hope it went ok for that person though
while i'm only a premed these sorts of things make me nervous
i remember the anjali ramkissoon case and i honestly felt a little bad for her
Why? She drunkenly beat up on a guy just trying to earn some money. Don't be a drunken jackass and you won't have any issues.
 
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Being your program is in Florida I think an assault charge may catapult you to chief resident one day.
Everyone that lives in Florida now are actually from NY.
 
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