Public officials and politicians, from local city counsel to state senators, can easily find themselves accused of official misconduct. These charges can be devasting on both a personal and professional level. Indeed, even if exonerated, the stigma of being an elected official who had been arrested for misconduct is devastating and hard to recover from.
In its most common form, official misconduct occurs when government officials or public servants engage in unlawful or unauthorized behaviors, primarily kickback schemes and bribery, to enrich themselves in exchange for a favor to another.
Most importantly, for prosecutors to prove these accusations, they must identify that a public official took some sort of official action in exchange for monetary gain or some other benefit from another individual. Hence, “quid-pro-quo” necessitates that both ends of the bargain did in fact take place.
It is not enough, therefore, for prosecutors to only show that a public official of politician was merely paid off or provided with gifts. Similarly, it is not enough for prosecutors to only show that an elected official provided some sort of benefit to an individual, group, company, or organization. Rather, both pieces must be evident for this charge to withstand. An aggressive defense attorney will pinpoint this requirement, isolate it, and find exculpatory evidence to show that there was never any “quid-pro-quo.”
If you are accused of official misconduct or public corruption, it is imperative that you hire a former prosecutor and prominent criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.