Criminal Defense

for Colorado Healthcare Professionals

Defending Colorado Healthcare Professionals

Good people make mistakes, and innocent people are often wrongly accused of crimes. Too often, merely being charged can turn someone’s life upside down—jobs are lost, or families divided, even in minor cases. Whether fighting to establish your innocence, to keep you out of jail, or to preserve your professional license and career, Matthew Hand is committed to defending you and protecting your future.

Licensed healthcare professionals– such as doctors, nurses, and pharmacists– have unique concerns when charged with a crime. Healthcare professionals typically (but not always) have to report criminal cases to their licensing boards, even if the criminal incident had nothing to do with work. These licensing boards are tasked with protecting the public who seek care when they are most vulnerable. The boards may discipline healthcare licensees for unethical behavior, dangerous behavior, and any behavior indicative of an alcohol or substance use disorder. And the boards operate as part of a highly regulated healthcare industry—when a domino falls in a criminal case, it can be hard to stop more from falling with a Colorado licensing board, another state’s board, the DEA, the HHS OIG, and others. Minimizing these impacts requires an experienced license defense attorney, but it starts with a criminal defense attorney who anticipates these problems and plans for them from day one.

Legal Services and Areas of Service

My criminal defense practice primarily serves Colorado professionals licensed by DORA boards such as the Board of Nursing, Medical Board, Board of Pharmacy, Dental Board, and Board of Veterinary Medicine. I accept criminal cases that do not involve a healthcare license when I have availability.

Criminal Charges Defended

Everything from traffic offenses to aggravated felonies, including:

Criminal Defense and Healthcare License Defense Specialist

Matt Hand is an honors graduate of NYU Law, former criminal prosecutor, and experienced trial lawyer. I have won trials or earned dismissals on charges such as felony assault-strangulation, DUI, indecent exposure, attempted murder, harassment, sex assault, domestic violence, DUI, and more.

Over the years, my practice evolved to focus on the special needs that healthcare professionals have when facing allegations of criminal or professional misconduct. I have defended countless nurses, doctors, dentists, therapists, pharmacists, veterinarians, and more. I have extensive experience with DORA’s professional boards and the broader regulatory world that affects Colorado healthcare professionals’ ability to practice—from Colorado Adult Protective Services findings to DEA registrations, to Medicaid/HCPF credentialing, and more.

Client Reviews

Matt was great from the beginning of my case to the end. Matt walked me through every step of my case and made sure I understood my rights and the process in Jefferson County and EVEN GOT MY CASE DISMISSED. Matt was very professional and prompt. I would highly recommend Matthew for any criminal case you may have. Thanks Matt for all you have done for me and my family!

Jack Doe

Matt Hand was an awesome lawyer who did everything to get the result I needed. I was charged with felony criminal mischief and the case was dismissed. The case took a very long time, but Matt kept me informed and was very responsive to my questions. I believe if I had not had Matt as a lawyer my results would have been much different.

Jane Doe

Matthew Hand is an excellent lawyer. He became personally invested when he handled our case, with honesty, straight forwardness and perseverance. He went over and above our expectations. We had the best outcome you could ask for, with a not guilty verdict in a very tough case. I would highly recommend Mr. Hand.

John Doe

Criminal Defense: First Steps and Strategy

Every case is different, but the first steps for any criminal defendant (licensed or not) follow from this old wisdom: when you’re in a hole, stop digging. As bad as things feel right now, they can get better or worse depending on what you do next. Don’t talk with police, the DA, or anybody else about the facts of the case. Don’t tamper with witnesses. Make sure you strictly comply with bond conditions, the mandatory protection order (if any), and pretrial supervision conditions in your case. Get or stay sober by any means available. Avoid contact and conflict with witnesses and named victims to your case, even if there is not a mandatory protection order. Contact an attorney to discuss next steps.

There are always two elements to criminal defense, and they go hand-in-hand. On the one hand, we are always looking for weaknesses in the government’s case. The decision to arrest can be justified by probable cause, but the standard to convict is much higher than that: proof beyond a reasonable doubt. That high burden of proof, which requires a unanimous verdict at trial, gives defendants some leverage even in cases that may look hopeless. It is critical for your defense lawyer to develop reasonable doubt to maximize trial chances, which can also help extract a better plea offer. Developing reasonable doubt is different in every case, but usually involves detailed analysis of the state’s evidence, factual investigation, legal research, legal maneuvering to suppress harmful evidence and admit favorable evidence, and more.

Alongside this effort to maximize reasonable doubt, a criminal defense lawyer must develop mitigation, especially for cases where a plea or conviction of some kind is very likely. Developing mitigation takes many forms and is different for every case. It often involves demonstrating remorse, making amends to the community, contextualizing the incident to make the client’s mistake more understandable, rehabilitating substance use disorders, working on other behavioral health issues, and more. Effective mitigation shows that you are a high character person who is taking your mistake seriously, and makes a dismissal, a better plea offer, or better sentence more likely.

Special Issues when Defending Healthcare Professionals

Criminal defense for licensed healthcare professionals is unique, even when the alleged crime did not involve your work or patients. Your criminal defense may differ in a number of ways. Here are just a few:

It is hard to avoid reporting a criminal case to your board, but the angel is in the details, and there are some situations where proper handling can prevent an unnecessary report to your board or can help you optimize the timing of that report. In-depth knowledge of the statutes, regulations, and policies of your board is essential to properly advising clients.
Specifically, a licensed healthcare professional with a defensible criminal case should push harder for dismissal, or at least consider a trial, rather than automatically take a “cupcake” plea agreement like a deferred judgment (DJ). Even a DJ is (usually) reportable to the boards, which will open up a can of worms. But an acquittal or dismissal that is sealed prior to your renewal may prevent you having to report anything to the board.

Specifically, a licensed healthcare professional with a defensible criminal case should push harder for dismissal, or at least consider a trial, rather than automatically take a “cupcake” plea agreement like a deferred judgment (DJ). Even a DJ is (usually) reportable to the boards, which will open up a can of worms. But an acquittal or dismissal that is sealed prior to your renewal may prevent you having to report anything to the board.
The most common charge I defend in criminal court is domestic violence. Boards will sometimes analogize the care-based relationship in a family to the care-based relationships of healthcare providers, to argue that a domestic violence conviction “relates to” the professional’s employment and is therefore more deserving of discipline. This is often a stretch, but it’s important for your defense attorney to understand how aggressive boards can be with certain crimes such as domestic violence and child abuse, even when the facts and criminal-case outcome are mitigated.
Criminal defense lawyers embrace the formalism of charge reduction and deferred judgments as part of plea bargaining. These are generally good to do in a criminal case, but they often have little impact on board review of the case. Certain plea modifications have much more impact than others, though, and the angel is again in the details—of the particular case, and of the particular board’s practice act, regulations, and policies. If you have to take a plea deal of some kind, it is important that you negotiate one that has the best chance of limiting impacts to your professional license.
A criminal defense lawyer is used to their client having a 5th Amendment right to avoid self-incrimination, but a licensing defense lawyer knows that their professional client will face consequences if they invoke their right to silence in a disciplinary inquiry. Parallel criminal defense and licensing cases create tricky problems for professionals, and are helped by having an attorney who understands both processes.
Standard mitigation efforts for criminal defense lawyers include diagnosis and treatment of behavioral health issues, and that may truly be necessary. But a licensed professional should not seek out marginal diagnoses as part of their criminal defense lawyer’s typical playbook, because such diagnoses may themselves be reportable and create problems with the licensing board.
If the charges relate to a workplace incident, HIPAA and other factors may complicate our efforts to gather evidence, compared with an incident (say) in a bar. You will benefit from an attorney who frequently deals with such issues. To have a criminal defense lawyer who understands these and other differences, and who works to protect your professional license and other credentials downstream of the criminal case, contact Matt Hand.

The most common charge I defend in criminal court is domestic violence. Boards will sometimes analogize the care-based relationship in a family to the care-based relationships of healthcare providers, to argue that a domestic violence conviction “relates to” the professional’s employment and is therefore more deserving of discipline. This is often a stretch, but it’s important for your defense attorney to understand how aggressive boards can be with certain crimes such as domestic violence and child abuse, even when the facts and criminal-case outcome are mitigated.
Criminal defense lawyers embrace the formalism of charge reduction and deferred judgments as part of plea bargaining. These are generally good to do in a criminal case, but they often have little impact on board review of the case. Certain plea modifications have much more impact than others, though, and the angel is again in the details—of the particular case, and of the particular board’s practice act, regulations, and policies. If you have to take a plea deal of some kind, it is important that you negotiate one that has the best chance of limiting impacts to your professional license.
A criminal defense lawyer is used to their client having a 5th Amendment right to avoid self-incrimination, but a licensing defense lawyer knows that their professional client will face consequences if they invoke their right to silence in a disciplinary inquiry. Parallel criminal defense and licensing cases create tricky problems for professionals, and are helped by having an attorney who understands both processes.
Standard mitigation efforts for criminal defense lawyers include diagnosis and treatment of behavioral health issues, and that may truly be necessary. But a licensed professional should not seek out marginal diagnoses as part of their criminal defense lawyer’s typical playbook, because such diagnoses may themselves be reportable and create problems with the licensing board.
If the charges relate to a workplace incident, HIPAA and other factors may complicate our efforts to gather evidence, compared with an incident (say) in a bar. You will benefit from an attorney who frequently deals with such issues. To have a criminal defense lawyer who understands these and other differences, and who works to protect your professional license and other credentials downstream of the criminal case, contact Matt Hand.

Frequently Asked Questions

Do I have to report arrests to my Colorado professional licensing board?

Check with an attorney about your specific situation. Many convictions require reporting, but most arrests do not require reporting unless they lead to a conviction. There are exceptions, though– an arrest of a pharmacist for charges related to controlled substances usually requires reporting within 72 hours. And some arrests will be reportable at the time of license renewal, even if the arrest did not lead to conviction. Usually, though, an arrest that did not lead to a conviction can be sealed, but it is important to do this before any reporting obligations are triggered. This is a delicate and technical issue, and you should retain an attorney before making a decision to either report, or not report, an arrest.

Do I have to report criminal convictions to my Colorado professional licensing board?

Every board is different, so you’ll need to check with an attorney about your specific situation. Most healthcare boards (Board of Nursing, Medical Board, Board of Pharmacy, etc.) require their licensees to self-report convictions for at least some crimes, usually within 30 days. And most boards define “conviction” to include any plea of guilty, including deferred judgments. But the rules (such as deadlines for the self-report) can differ depending on whether the conviction is a felony or a misdemeanor, whether the conviction involves controlled substances or relates to work, and more. These laws, regulations and policies can be somewhat complex, but the complexity increases further when evaluating whether a criminal conviction is going to lead to license discipline. Generally, there is more risk to licenses from convictions that relate to work, involve sexual misconduct, reveal drug or alcohol use disorders, or which generally call into question the character of the professional. Talk with a lawyer about your specific situation, though.

Is professional license discipline public?

Generally, yes. Each board is different, with different statutes, regulations, and policies that affect their flexibility to resolve cases without public discipline. There are non-disciplinary, non-public “confidential letters of concern” that we can seek in a variety of situations. And there are some structured “alternative to discipline” agreements available in limited situations. But by law, most discipline is public, and healthcare license discipline is generally permanently public. Discipline will usually be findable on Colorado’s DORA website, as well as national resources such as the National Practitioner Data Bank.

Do you take license-defense insurance?

I do work with professionals who have license defense insurance. However, insurance is not perfect. Insurance reimbursement rates are often lower than market rate for experienced attorneys, and some insurers will not make payment on a claim until the case is resolved—which can take months, sometimes longer than a year. As a result, I will still need a significant retainer from a client who has insurance. I will usually bill my full rate against that retainer, and the client will be responsible for getting reimbursed from insurance. I will help the client document the work performed, though, so that the insurer understands it is a valid claim. In some situations, I can bill the professional’s insurer directly, but that is the exception due to the above concerns. Email to set up a consultation if this is your concern.

Do you offer payment plans?

Only rarely. I will sometimes accommodate partial payment plans if litigation (e.g., trial) becomes necessary, since litigation requires a much larger commitment of attorney time and is therefore more expensive. But most cases resolve without litigation, with my work frontloaded into the first 3-4 weeks after being retained. I usually set the retainer (the up-front deposit needed to begin work) as a rough estimate of how much that early surge of work will cost. In order to turn down other cases and commit myself to your defense, I need that retainer in full. I do accept both debit and credit cards.
That said, if work winds up exceeding the retainer, or if the scope of representation changes due to additional cases being filed against you, or collateral matters coming up, etc., I will try to find a way to continue working with you, even if you need some payment flexibility. I sometimes offer discounts for some professionals (e.g. CNA’s, LPN’s) when I have the capacity in my practice to do so. And I will often discount “extra” work that was unforeseeable when we began. In many cases, I can set a flat fee for the work, to take away most of the financial uncertainty involved in hiring me.

Are there any criminal cases you don’t take?

As both a prosecutor and defense lawyer, I have handled everything from shoplifting and traffic cases to sexual assault and homicides. But the bulk of my criminal defense practice involves assaults, domestic violence, and DUI’s. I predominantly help healthcare and other professionals whose criminal cases may have professional license impacts, though. My professional license defense practice is statewide, but my criminal practice is normally limited to courts within 45 minutes of Denver: Denver County, Jefferson County, Arapahoe County, Douglas County, Adams County, Broomfield County, Boulder County, Clear Creek County, and Gilpin County– as well as municipal courts. For licensed professionals who are outside of that range—I can help you find a great attorney to handle the criminal defense case wherever you are, and I can provide you with representation in defense of your license. (Most criminal defense lawyers do not handle professional license defense themselves). Whatever your situation, don’t hesitate to email me at matt@handlaw.com with info about your charges, the next court date and location. I will respond to schedule a consultation if I am available for your case, or to provide you a referral if I am unavailable.

To schedule a free phone consultation,
please email: matt@handlaw.com

Include your phone number and basic information about the allegations against you. For professional license cases, attaching a PDF of the complaint is best, but at least indicate what license you hold and any upcoming deadline. For criminal cases, indicate what charges you are facing, plus the next court date and location. I will respond promptly. All emails and consultation with me are confidential.