Flynn Carey
ATTORNEY
Flynn Carey’s practice focuses on the defense of licensed professionals, criminal defense, school discipline, and Title IX litigation. Flynn is one of only two attorneys recognized by the State Bar of Arizona as a Certified Specialist in Administrative Law.
Administrative Law/License Defense
Flynn represents licensed and certificated professionals before their licensing boards and agencies when facing possible discipline or allegations of unprofessional conduct, and in conjunction with parallel criminal allegations. Flynn appears on behalf of clients before the majority of licensing, regulatory, and professional boards in Arizona.
Some of the Boards and Agencies before which Flynn appears include:
- Arizona Board of Behavioral Health Examiners
- Arizona Board of Psychologist Examiners
- Arizona State Board of Nursing
- Arizona Medical Board
- Arizona Board of Osteopathic Examiners
- Arizona Department of Health Services
- Arizona Department of Education / Professional Practice Advisory Committee (PPAC)
- Arizona Board of Pharmacy
- Arizona Department of Insurance and Financial Institutions
- Arizona State Veterinary Medical Examining Board
- Arizona Board of Funeral Directors & Embalmers
- Arizona Board of Podiatry Examiners
- Arizona State Board of Massage Therapy
- Arizona State Board of Physical Therapy
- Arizona Board of Respiratory Care Therapists
- Arizona Naturopathic Physicians Medical Board
- Arizona Department of Real Estate
- Department of Public Safety (security guard/security agency licensing and discipline, fingerprint clearance cards/good cause exceptions)
Flynn also appears before professional associations, including the Specialty Colleges of the American Osteopathic Association, the American Board of Medical Specialties, the Behavioral Analyst Certification Board, and similar entities. He is also frequently retained as an expert witness for criminal defense counsel to advise on the licensing consequences for licensed professionals.
Criminal Defense
Flynn has litigated all manner of criminal cases, from assault and domestic violence charges to drug charges, to sexual misconduct and homicide cases. Flynn manages the firm’s DUI and Vehicular Crimes practice, and has litigated issues related to impaired drivers before the trial courts and the Arizona Court of Appeals. Flynn has represented all types of licensed drivers, including those with specialized licensing and certifications, in a variety of vehicular matters including DUI, aggressive/reckless driving, aggravated assault with a vehicle, and leaving the scene of an accident cases. He also appears regularly before the Arizona Department of Transportation, defending clients in administrative actions against their driving privileges.
School Discipline and Education Law
Flynn has extensive experience in Title IX and student discipline matters with students and teachers in elementary schools through post-graduate public and private educational institutions.
His school discipline work includes:
- Title IX investigations and hearings
- Teacher/Professor Misconduct Defense
- Suspension/Expulsion Hearings
- Honor Code/Ethical Code Violation Proceedings
- In-State Tuition and Residency Challenges
- Grade Challenges
- SafeSport Issues
Civil Litigation and Family Law Support
Flynn has extensive civil litigation experience in the trial courts at all levels of practice, and has litigated complex civil cases including racketeering claims, fraud, and unlawful shareholder oppression. With his technology training and background, Flynn is retained by other attorneys to manage electronic discovery, expert depositions, and other science and technology related areas of litigation.
Flynn is also retained frequently by family law firms to consult and co-counsel on issues involving the intersection of domestic relations law and criminal law, and to handle expert witness work, complex discovery, and courtroom litigation in high asset divorce matters. Because of his extensive training and experience in representing professionals, he is frequently called to manage all aspects of mental health, substance abuse, and medical matters relevant to family law litigation. Flynn has experience addressing criminal allegations by one spouse against another, situations in which the Department of Child Safety/CPS is investigating a parent’s actions, and instances where threats have been made against a parent during family law proceedings. Flynn is also frequently retained to litigate orders of protection in relation to family law cases.
Additional Background
Flynn holds a degree in Management Information Systems, and managed information technology for the City of Tucson prior to a career in law. Flynn’s knowledge of science and technology has allowed him to successfully litigate complex legal issues involving computer forensics, police technology, DNA analysis, mobile technology, surveillance, and toxicology.
Flynn graduated cum laude from the James E. Rogers College of Law at the University of Arizona, where he was the President of the Criminal Law Society and served as the Research Editor of the Arizona Law Review. During law school, he externed for the Arizona Office of the Attorney General, assisting in the prosecution of violent crime and white collar cases.
- Defend physicians and advanced practice nurses in complex Board matters in which a deviation from the standard of care has been identified.
- Defend physicians in Board matters in which patient death has occurred.
- Defend licensees in cases in which allegations have been made about over-prescribing of opioids.
- Regularly defend nurses, physicians, behavioral health professionals, and other licensed professionals in relation to a variety of criminal offenses while simultaneously representing clients before their Boards during proceedings.
- Regularly represent healthcare professionals in relation to allegations of unprofessional conduct.
- Represent nurse before the Board in relation to charges of domestic violence.
- Represent nurse before the Board in relation to improper/incomplete charting and related allegations.
- Represent nurse before the Board in relation to allegation of contamination of surgical site.
- Represent nurse practitioner before Board in relation to over-prescribing and failure meet standard of care.
- Represent nurse practitioners before Board in relation to allegations of unfitness to practice.
- Represent psychologist before Board in relation to allegations of exceeding scope and violating standards of care.
- Represent licensed social worker before Board in relation to allegations of boundary violations with patient and failure to obtain informed consent.
- Represent various professional before their Boards in relation to documentation errors.
- Defended multiple clients in relation to allegations of soliciting minors for exploitation.
- Defended clients against allegations of possession of narcotics and marijuana for sale.
- Defended clients in relation to allegations of sexual abuse, sexual assault, and sexual misconduct.
- Defended client in relation to resisting arrest and disorderly conduct.
- Defended client in relation to allegations of domestic violence, aggravated assault, and criminal damage.
- Defended clients in relation to allegations of brandishing/discharging firearms unlawfully.
- Defended client in relation to “straw purchases” of firearms.
- Act as consultant for family law/domestic relations attorneys in cases in which allegations of criminal misconduct are made against spouse.
- Represent juveniles in delinquency proceedings involving allegations of DUI, theft, assault, and burglary.
- Successfully defended students accused of sexual assaulting other students alleged to have been incapacitated by alcohol or drugs
- Successfully defended student accused of forcible sexual assault on campus
- Successfully defended student against allegations of improper touching
- Defended student against allegations of academic dishonesty
- Defended student against claims of cultivating marijuana on campus
- Defended student against charges of surreptitious recording and voyeurism
- Defended student against claims of fighting
- Defended student against charges of sending illegal photographs to other students
- Defended students against sexual harassment and hate speech
- Represent student in grade appeals and in-state tuition and residency disputes
- Defended clients against homicide allegations in relation to vehicle fatalities, in cases in which impairment, speed, and distracted driving was alleged.
- Defended clients against allegations of driving under the influence of alcohol and drugs.
- Defended client accused of aggravated assault with a dangerous instrument, arising from an accident in which allegations were made that client was intoxicated while driving.
- Represented clients in relation to allegations of leaving the scene of fatal accidents.
- Represented auto dealers in relation criminal licensing violations.
- Represented commercial truck drivers concerning weigh station violations, improper placarding, failure to properly maintain hours-of-service logs, and failure to maintain a medical card.
- Represent clients before the Motor Vehicle Division in all manner of proceedings, including admin per se hearings, refusal hearings, Interlock violation proceedings, and point violation hearings.
- Assisted corporations and non-profits with allegations of breach of fiduciary duty, financial misconduct, failures to report, and other allegations of misappropriation and self-dealing.
- Assist construction companies defending against OSHA violations, workplace fatality allegations, and municipal code violations.
- Assisted national corporate client in responding to federal investigation concerning to allegations of utilizing improperly licensed personnel.
- Assisted individuals pre-charging in responding to inquiries by law enforcement of allegations of sexual misconduct.
- Assisted corporate clients in uncovering fraud, waste, and misuse of company resources.
- Advise corporate clients concerning liability for criminal and fraudulent acts of employees, vendors, contractors, and others.
- Represent real estate agent in relation to allegations of financing fraud.
- Represent individuals before the Arizona Corporation Commission, as targets of investigations and as advocates for those victimized by Ponzi schemes.
- Represent individuals in relation to misuse of computers, hacking, improper access to stored communications, and other state and federal violations.
- Defended client against allegations by Department of Child Safety/CPS of child abuse and neglect.
- Defended client against allegations by Department of Child Safety/CPS of sexual misconduct.
- Represent individuals before the Arizona Board of Fingerprinting to obtain “Good Cause Exceptions” to allow for licensing.
- Represent individuals before Arizona Board of Education.
- Certified Specialist in Administrative Law, State Bar of Arizona (2021-Present)
- Southwest SuperLawyers
- Listed in Southwest SuperLawyers – Administrative Law (2023-2024)
- Listed in Southwest SuperLawyers – Criminal Defense (2015-2022)
- Top 50 Attorneys in Arizona (2016)
- Southwest SuperLawyers Rising Star – Criminal Defense (2014)
- Listed in Best Lawyers in America – Criminal Defense (2015-2024 eds.)
- AV Preeminent Rating, Martindale Hubbell (2013-2023)
- Top Lawyer, Phoenix Magazine (2022, 2023)
- AzBusiness Magazine, March 2017
- Selected as one of the Top 100 Attorneys in Arizona link
- Client’s Choice Award, AVVO.com (2013-2015, 2018, 2019)
- 10.0 AVVO Rating (2013-2023)
- Chambers and Partners Rated (2014-2017)
- Arizona Attorney Creative Arts Competition, Honorable Mention (2008)
- American Legal Institute-American Bar Association Scholarship & Leadership Award (2007)
- Rosenberg Distinguished Editor Award (2007)
- T.C. Clark Litigation with Civility Award (2007)
- City of Tucson Public Service Excellence Award (2004)
- Public Manager Certification (2004)
- Outstanding Leader in Library Youth Development (2002)
- Letter of Recognition, City of Tucson City Managers Office (2002)
- Arizona Society of Healthcare Attorneys (AzSHA) (2024-Present), Board Member
- Maricopa County Bar Association, Board of Directors (2014-2021)
- Immediate Past President (2021)
- President (2020)
- President-Elect (2019)
- Treasurer (2018)
- Secretary (2017)
- Maricopa County Bar Association, Young Lawyers Division, Board Member (2010-2016)
- Sponsorship Chair, Barristers Ball Committee (2010-2011)
- Committee Chair, Barristers Ball Committee (2011-2012)
- Silent Auction Chair, Barristers Ball Committee (2012-2013)
- The American Association of Nurse Attorneys, Affiliate (2016-Present)
- Arizona Attorneys for Criminal Justice, Member
- National Association of Criminal Defense Lawyers, Member
- Association of Family and Conciliation Courts (2016-Present)
- City of Surprise Judicial Selection Advisory Committee (2018-Present)
- Chair (2022)
- Town of Guadalupe Judicial Advisory Board (2017)
- Thurgood Marshall Inn of Court (2008-Present)
- Secretary, 2009-2011, 2016
- Vice President, 2011-2012
- President, 2012-2013
- Phoenix Children’s Hospital Foundation, Emerging Leaders (2014-2016)
- Barrows Neurological Foundation – Futures Committee (2014-2016)
- Barrows Neurological Foundation – Barrows Beyond (2016-Present)
- State Bar of Arizona, Criminal Jury Instructions Committee (2010-2013)
- State Bar of Arizona, Bar Leadership Institute 2008, Graduate
- Banner Health Foundation, Major Gifts Committee, Past Member
- Pima County Sheriff’s Auxiliary (2002 – 2005)
- Board of Directors, Homicide Survivors, Inc. (1999 – 2002)
- Gallagher & Kennedy, PA, Criminal Law and Regulatory Enforcement Group (2007-2013)
- City of Tucson, Library Systems Analyst/Systems Programmer, Technical Assistant II, (1996-2004)
- “Administrative Law for Criminal Defense Attorneys,” Arizona Free CLE Conference, June 21, 2024.
- “Best Practices Before Arizona Healthcare Boards,” Arizona Society of Healthcare Attorneys, October 17, 2023.
- State Bar Professionalism Course, October 10, 2023.
- “Expert Witnesses,” Bench Bar Conference, Maricopa County Bar Association, September 29, 2023.
- “The Intersection of School Law and Criminal Law,” State Bar of Arizona, September 26, 2023.
- “Expert Witnesses,” Bench Bar Conference, Maricopa County Bar Association, November 8, 2022.
- “Administrative Law for Non-Admin Attorneys,” East Valley Bar Association, January 21, 2022.
- State Bar Professionalism Course, August 20, 2021.
- Legal Writing Workshop, Coconino County Bar Association, April 13, 2021.
- State Bar Professionalism Course, February 9, 2021.
- State Bar Professionalism Course, August 21, 2020.
- “Closing Arguments: Do’s and Don’ts,” MCBA Bench/Bar Conference, October 4, 2019.
- State Bar Professionalism Course, February 12, 2019.
- State Bar Professionalism Course, August 17, 2018.
- “White Collar Crime, Scams, and Fraud: What Every Paralegal Should Know,” MCBA Paralegal Conference, September 8, 2017.
- State Bar Professionalism Course, August 22, 2017.
- “I Fought the Law: The Intersection of Licensing Actions and Criminal Law,” The American Association of Nurse Attorneys Annual Conference, Boston, MA, August 4, 2017.
- “Order of Protection Update,” Maricopa County Bar Association, March 29, 2017.
- State Bar Professionalism Course, February 14, 2017.
- “911 In Family Court: A Field Guide on Criminal, Mental Health, and Domestic Abuse Issues for Judges, Litigators, and Mental Health Professionals,” Arizona Chapter of the Association of Family and Conciliation Courts, January 28, 2017.
- “Sudden Impact: The Intersection of Family Law and Criminal Law Matters,” Maricopa County Bar Association, December 14, 2016.
- “Criminal Law for Civil Litigators”, Burch & Cracchiolo, November 19, 2015.
- “Current Issues in Title IX Litigation,” UC Davis School of Law, October 26, 2015.
- “Courtroom and Mobile Technology,” NALS Annual Conference, October 8, 2015.
- “Things Civil Litigators Should Know About Criminal Law”, Jennings Strouss, April 17, 2015.
- “White Collar Crime for Paralegals and Support Professionals,” NALS, April 9, 2015.
- “Starting Your Own Law Firm – Streamlining Workflow,” Maricopa County Bar Association, September 17, 2014.
- “Issues in Defending the Domestic Violence Case,” Arizona Public Defender Association Annual Conference, June 26, 2014.
- “Mitigating the Sentence and Collateral Consequences with Plea Agreements,” Arizona Public Defender Association Annual Conference, June 26, 2014.
- “Pertinent Legal Matters Around the Treatment of Sex Addiction and Sex Offender Behaviors,” Psychological Counseling Services Monthly Meeting, May 28, 2014.
- “Mitigating the Sentence and Collateral Consequences with Plea Agreements,” National Association of Criminal Defense Lawyers, Midwinter Conference, New Orleans, March 7, 2014.
- “Focusing on Mitigation from the First Handshake Through Sentencing,” Arizona Public Defender Association Annual Conference, June 27, 2013.
- “Staying Out of the Dog House: New Issues Re Animals in Family Law & Criminal Matters,” Arizona State Bar Convention, June 19, 2013.
- “Current DUI Issues,” Arizona Association of Defense Counsel, 2013.
- “Sexual Addiction, Sexual Offending or Both?”, Symposium Panel, International Institute for Trauma & Addiction Professionals, 2012.
- “The Requirement of Precision in the Therapeutic Relationship,” Clinical Best Practice Institute Newsletter, August 2024.
- “Requests for Records,” Clinical Best Practice Institute Newsletter, July 2024.
- “Collaterals to Treatment,” Clinical Best Practice Institute Newsletter, June 2024.
- “Ethical Decision-Making Models,” Clinical Best Practice Institute Newsletter, May 2024.
- “The Business World Quickly Adapts to Change,” Maricopa Lawyer, Maricopa County Bar Association, June 2020.
- “The MCBA is Here for You,” Maricopa Lawyer, Maricopa County Bar Association, May 2020.
- “MCBA Here to Help in This Time of COVID-19,” Maricopa Lawyer, Maricopa County Bar Association, April 2020.
- “A Night Out for You, Justice for Others,” Maricopa Lawyer, Maricopa County Bar Association, March 2020.
- “In Support of Doing Nothing,” Maricopa Lawyer, Maricopa County Bar Association, February 2020.
- “Flynn Carey, Mitchell Stein Carey Chapman, Takes Reins as MCBA President,” Maricopa Lawyer, Maricopa County Bar Association, January 2020.
- “Law Enforcement, Victim Advocates Worry About At-Home Rape Kits”, KJZZ Radio, October 28, 2019, (Guest Legal Analysis) Link
- “Could Kody Brown and the Sister Wives Actually Go to Jail Now That They’re in Flagstaff?”, Good Housekeeping, April 14, 2019, (Guest Legal Analysis) Link
- Legal Nurse Consulting, 4th Edition (Contributor), 2019
- Civil Litigation Guide (Chapter Author and Contributor), 2015
- Expert Disclosures
- Medical Examinations and Evaluations
- Requests for Entry Upon Land
- Arizona Tort Law Handbook, (Chapter Author and Contributor), State Bar of Arizona, 2013
- Malicious Prosecution and Abuse of Process
- Assault
- Trespass
- In re Hamm: From Behind Bars to the Arizona Bar?, 48 ARIZ. L. REV. 397 (2006)
- Extending the Home Court Advantage: A Call to Update the Arizona Civil Rights Restoration Scheme, 48 ARIZ. L. REV. 1129 (2006)
- Collateral Sanctions: A Comprehensive Study of the Ongoing Effects of Criminal Convictions in Arizona, G. Jack Chin, F. Carey, et al. (2006)