Legal Question in Administrative Law in California

A person can be brought to trial for a criminal offense such as driving under the influence of narcotics even though there is a proceeding against them at a licensing board for the same offense. Additionally, I'd think that the licensing board would ordinarily wait for the criminal trial to be completed before taking any action, because the accused might be acquitted at the trial.

Yes, the board can go forward with the accusation even if there is a pending criminal matter. As Mr. Whipple stated, they will usually hold off until the criminal matter is done. You need to get an criminal defense attorney for that issue, and unless that attorney can also handle the licensing issue, a separate administrative or licensing attorney to deal with the board. I would recommend Christine McCall in Pasadena - all she does is licensing.

You definitely need counsel for the administrative hearing because it carries the biggest risk to your criminal trial. In a criminal matter you can put the prosecution to the test of proof. In an administrative hearing you can be called as a witness and forced to give evidence that then can be used against you in your criminal matter. That is why the other attorneys mentioned continuing the administrative hearing until after the criminal trial, but counsel for the nursing board may not be willing to continue the hearing. Be sure to get experienced counsel for the administrative hearing. Good luck!