Official Misconduct Defense Attorney
Only someone acting as a ‘Public Servant’ can be convicted of Official Misconduct. By definition, this includes any public employee, and non-government workers who are performing a ‘government function’.
If you are under investigation or charged with Official Misconduct, contact Certified Criminal Trial Attorney Howard Bailey at 973-982-1200 for a free consultation.
An ‘Unauthorized Act’ and a ‘Benefit Received’
An essential element of this crime is that you committed an ‘unauthorized act’ relating to your ‘public servant’ office. If the ‘act’ does not relate to your office, you cannot be charged with this crime, although you could be charged with the commission of the act you did in your private capacity. Another essential element is that as a ‘public servant’ you received a benefit or that someone else received a benefit from your actions.
Defending Official Misconduct in New Jersey
In addition to the charge of ‘Official Misconduct’ you can be charged with the offense or action that was alleged to be the ‘unauthorized act’. In a recent case, Howard Bailey represented a client who was a police officer charged with Misconduct and several other crimes relating to a theft. After conducting a defense investigation and using the State’s own facts, Mr Bailey was able to establish that the ‘act’ had not involved the ‘public servant’ duties of the client, and was able to get the Official Misconduct charge dismissed as part of a probationary resolution of the case.
In another recent case, Mr Bailey represented a client who was a ‘toll collector’ at one of the State toll agencies. The client was charged with taking money from the tolls they collected. The matter was resolved by diverting the case into Pre-Trial Intervention, and after the client completed the PTI program the charge was dismissed and the client’s record expunged.
Any Court. Any Crime. Any Time.
If you are a ‘public servant’ charged with this crime, consult immediately with an experienced criminal defense lawyer before making any decisions about what to do, and before making any statement about your actions to the police. Remember, you have a right to remain silent, and that anything you say can be used against you. Call Howard Bailey at 973-982-1200 for a free consultation.