But the positions of power that come with these roles can sometimes lead to allegations of official misconduct. Such allegations can cast a long, daunting shadow over both personal and professional reputations, and convictions can end careers and result in the forfeiture of pensions.
If you’ve been accused of official misconduct, you do not need to navigate the process alone. An experienced official misconduct lawyer in New Jersey can guide you through the legal maze, vigorously defend your rights, and arm you with the knowledge to face what’s ahead with confidence.
What Is Official Misconduct?
Official misconduct refers to an act or omission conducted by a public servant within the scope of their duty, with the intent to obtain a benefit for himself or another person, or to injure or deprive another person of a benefit. This benefit can range from financial gain to personal advantage.
Examples of official misconduct include:
- Misuse of public funds for personal leisure activities like meals and spa treatments
- Excessive use of force by a police officer during an arrest, causing personal injury
- Sexual misconduct with students by a school administrator
- Public officials like firemen or police officers who use donated money for personal gain
- Public office holders like a mayor, councilperson, or board member accepting bribes
If a public servant either commits an act relating to his or her office but in an unauthorized way, or refrains from performing a duty that is inherent to the nature of their role, with the intent to obtain a benefit, they may be found guilty of official misconduct.
Note that if you are a civil servant, government employee, or first responder, you could be at risk for this type of criminal charge even if your actions would not constitute a crime outside of your role.
Types of Official Misconduct
The umbrella of official misconduct can encompass a variety of actions or omissions. Understanding the nuances and different types of official misconduct can not only help demystify the charges you may be facing but also provide a clearer perspective on the complexities of the situation.
Common types of official misconduct include:
- Exceeding official capacity: a public servant exercising powers beyond their official mandate
- Refraining from duty: a public servant intentionally avoiding a task or duty integral to their role
- Unauthorized exercise of official functions: a public servant leveraging their position to gain a benefit outside the scope of their authorized duties
Each of these forms of misconduct carries its own set of legal implications, which is why understanding the nature of the charges is essential. It’s also the first step toward mounting a successful defense.
Official Duty
To be guilty of official misconduct, an individual must be a public servant and the act alleged to constitute misconduct must be related to the office. The obvious example is an elected councilperson accepting bribes in exchange for a municipal contract. But someone who performs a governmental regulatory or enforcement function can also be charged with official misconduct even though the person is not a government employee. For example, an unpaid volunteer firefighter can be a public servant.
However, being a public servant does not make every act you undertake subject to official misconduct. Private misconduct by a public servant is not punishable as official misconduct.
Consequences of Official Misconduct
The consequences of official misconduct are severe and far-reaching, impacting not just a public servant’s professional life but their personal life as well.
Legal consequences
In New Jersey, the severity of the charge of official misconduct is determined by monetary amount. Official misconduct is a crime of the second degree if the benefit obtained or sought to be obtained, or which another is deprived of, is of a value over $200.00. This means that if convicted, an individual could face a prison sentence ranging from 5 to 10 years. Additionally, they could be hit with a hefty fine of up to $150,000.
If the benefit obtained or sought to be obtained is of a value of $200 or less, the offense is a third-degree crime, which still carries the potential for up to 5 years in prison and a fine of $15,000.
Where the benefit is not pecuniary, the basic nature of the crime controls and the crime is one of the second degree.
Professional consequences
A conviction for official misconduct can also have professional repercussions. The individual may be barred from holding public office in the future, effectively ending their career in public service or employment. They may also face disciplinary action from their employer, which could include suspension, demotion, or even termination.
Loss of pension benefits
One of the most significant consequences of a conviction for official misconduct in New Jersey is the potential loss of pension benefits. This can be a devastating blow, particularly for individuals who have spent their entire careers in public service.
Personal consequences
Beyond the legal and professional consequences, individuals accused of official misconduct also face significant reputational damage. These allegations can lead to public scrutiny and media attention, which can cause stress and embarrassment for the individual and their family.
Timing to Charge
The statute of limitations for prosecutions of official misconduct is seven years. Therefore, even if you are no longer an elected official or government employee, you may still be charged with official misconduct for allegations that occurred within the limitations period.
Pattern of Official Misconduct
The separate crime of a pattern of official misconduct enhances the penalties for officials guilty of more than one violation of official misconduct. This enhanced penalty can remove the traditional presumption of non-imprisonment for first-time offenders, and it is not a defense that the violations were not part of a common plan or scheme, or did not have similar methods of commission.
Consult with an Attorney
Our attorneys at Dughi, Hewit & Domalewski, drawing on their experience as former prosecutors and government lawyers, stand ready to challenge every facet of the government’s case while keeping you informed and prepared for each step. Contact us today for a consultation.
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