When Univision News needed to interview a legal expert for a national news story about the recent arrest of two men for practicing medicine without a license, they contacted Orlando criminal defense attorney Jose Rivas.
The crime involved two men who were operating an illegal dental practice “in the back of a convenience store along Main Street, just a couple hundred feet away from the local police station,” according to local news reports.
One man was charged with practicing medicine without a license and unauthorized practice of dentistry, while a second man, who owns the convenience store, was charged with conspiracy. Attorney Rivas explained to Univision viewers how the conspiracy law worked in this case.
In a conspiracy case, Rivas said, all persons involved are going to face the same charges, and typically the prosecutor’s practice is to try to get the person who is least culpable to
testify against the person who directly committed the crime.
Practicing Medicine Without a License in Florida
Practicing medicine without a license is a serious offense that can have severe consequences. The act of offering, attempting, or engaging in medical practices without a valid license is illegal and can result in criminal charges, administrative penalties, and damage to one’s professional reputation. If you find yourself facing allegations of practicing medicine without a license, it is crucial to understand the potential consequences and seek the assistance of a skilled and aggressive criminal defense attorney.
Under Florida law, the practice of medicine is tightly regulated to protect the public from unqualified individuals providing medical services. Florida Statute Section 458.327(1)(a) explicitly prohibits practicing medicine without a license. This means that individuals must hold the appropriate license the Department of Health issued to engage in medical practices legally.
The definition of practicing medicine encompasses a broad range of activities, including diagnosis, treatment, prevention, cure, or alleviation of human ailments, injuries, or diseases. It also includes the performance of surgical procedures, the prescription of drugs or medications, and the rendering of professional medical services.
Seeking Legal Representation
An experienced attorney can help you build a strong defense strategy tailored to the specific circumstances of your case. Some common defenses against charges of practicing medicine without a license include:
1. Lack of Intent
To be convicted of practicing medicine without a license, it must be proven that you knowingly and intentionally engaged in medical practices without a valid license. If there is evidence to suggest that you did not have the intent to practice medicine or believed you were acting within the scope of your qualifications, it can be a viable defense.
2. Lack of Sufficient Evidence
The burden of proof lies with the prosecution in criminal cases. If there is insufficient evidence to support the allegations against you or if the evidence is unreliable or obtained illegally, it can be a strong defense strategy.
3. Mistaken Identity or False Accusations
In some cases, individuals may be falsely accused of practicing medicine without a license. Mistaken identity or false accusations can be powerful defenses when supported by evidence and witness testimony.
If you are facing allegations of practicing medicine without a license in Florida, it is crucial to seek the assistance of a skilled and experienced criminal defense attorney. An attorney who specializes in healthcare law and criminal defense can help you navigate the complex legal landscape and mount a strong defense against the charges.
When choosing an attorney to represent you, look for someone who has a track record of success defending individuals accused of similar offenses. They should have a deep understanding of the relevant laws and regulations surrounding the practice of medicine in Florida. Call 407-644-2466 for a free consultation with an Orlando criminal defense at the Rivas Law Firm.