Q: Nurse facing a non-criminal accusation, state board found no action, AG wants interview – next steps?
My husband, a nurse, was accused of inappropriately touching a patient during a bath. The state board of nursing investigated for 14 months and found no grounds for disciplinary action. He was interviewed by the local police with no charges filed. Now, 24 months later, the attorney general’s office has contacted him via phone to set up an interview to discuss his side of the story. We couldn’t find legal representation initially since there were no criminal charges. What should he do next in response to this interview request?
A:
I don't understand why you "couldn’t find legal representation initially since there were no criminal charges." When you are asked or directed to be interviewed by a branch of government or law enforcement agency, you should always have an attorney with you when there is the slightest chance that criminal charges could result. You have a right to remain silent but you have to assert that right by actually being silent.
I have had numerous cases over the years in which my client's statements, even casual statements, got them charged and sometimes convicted. Cases that would have never been pursued if the client had simply remained silent.
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