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Criminal Laws

New Jersey Criminal Defense Attorney for Corruption of Public Resources (N.J.S.A. 2C:27-12)

September 18, 2016 by Matthew Reisig

One of the most significant good governance laws on the books in New Jersey is 2C:27-12, Corruption of Public Resources. Under this statute, a person who knowingly uses or makes disposition of a public resource, including money or physical property, for an unauthorized purpose can face up to a first degree criminal charge, and potentially lose decades of their life to prison.

Where a public resource is subject to an obligation for use of a government function or public service, corruption of public resources will be charged at the first degree level where the value is more than $500,000. If the public resource is worth more than $75,000, the charge will be second degree. If the value is less than $75,000, the charge will be graded as a third degree crime.

Where a public resource is not subject to an obligation to be used for a governmental function or public service, the grading is potentially less serious for you, though you still face exposure to jail time. Where the value of the public resource is $500,000 or more, you can be charged with a second degree crime. Where it is $75,000 or more, the charge is third degree. Where the value is less than $75,000, you’ll face a fourth degree charge.

You can also be charged with Corruption of Public Resources if you make a false representation to a government agency, officer, or employee, in order to obtain a public resource fraudulently. This again is graded as a second degree crime where the value of the public resource is beyond $500,000, a third degree crime where it is over $75,000, and a fourth degree crime when the value is below $75,000.

Public corruption charges can be ruinous. Protect yourself right away. Call Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Criminal Laws

Penalties for Offer of Unlawful Benefit to Public Servant for Official Behavior (N.J.S.A. 2C:27-11) in New Jersey

September 17, 2016 by Matthew Reisig

It isn’t only public officials who can be prosecuted in cases of public corruption. Ordinary people who attempt to sway a public servant through the offer of gifts, money, or other benefits, or even to simply offer a benefit the public servant is not entitled to under the law, may be prosecuted under Offer of Unlawful Benefit to Public Servant for Official Behavior (N.J.S.A. 2C:27-1).

Those charged with offering benefits in an effort to influence a public act or official duty by a public official can be charged with a crime of the second degree. Conviction can lead to a sentence of five to 10 years, and a fine of $150,000. Providing or offering to provide a benefit to which a public official is prohibited by law can be charged at the third degree crime level, and conviction can result in a three to five year sentence, and a fine of up to $15,000.

These are extremely serious allegations for all parties. If you have been caught trying to bribe or sway a public official in NJ, protect your future and your reputation by calling Matthew Reisig today at 732-625-9661 to talk to a lawyer for free.

Filed Under: Criminal Laws

Penalties for Acceptance or Receipt of Unlawful Benefit by Public Servant for Official Behavior (N.J.S.A. 2C:27-10) in New Jersey

September 17, 2016 by Matthew Reisig

Public officials in New Jersey who are implicated in public corruption offenses can face serious prison time if convicted.

Under Acceptance or Receipt of Unlawful Benefit by Public Servant for Official Behavior (N.J.S.A. 2C:27-10), it is a crime for a public servant, under color of office and in connection with any official act, to directly solicit, accept, or agree to accept any benefit, or to receive any benefit, in exchange for influence over their performance of their official duties.

This is a serious allegation that’s charged as a crime of the second degree. You’ll face between five and 10 years in prison if you’re found guilty, and will pay a fine of up to $150,000.

Your public service career will also be over, and many professions will impose sanctions on you for conduct such as this. You have to take every step possible to protect yourself when facing charges this serious.

If you’re a New Jersey public official facing allegations of misconduct, or being investigated for acts of public corruption, call Matthew Reisig today at 732-625-9661 for a free consultation.

Filed Under: Criminal Laws

Penalties for Unlawful Official Business Transaction Where Interest is Involved (N.J.S.A. 2C:27-9) in New Jersey

September 17, 2016 by Matthew Reisig

New Jersey punishes public corruption harshly, and conviction on charges that you’ve steered business to your own enterprises, those of immediate family members, or other entities with whom you have a financial stake will leave you with a felony record and may put you in prison for as long as 18 months.

Under N.J.S.A. 2C:27-9, you’ll face a fourth degree criminal charge for this conduct, which is comparable to a low felony in other states. Aside from the risk of an 18 month long prison sentence, you’ll also face fines up to $10,000, and restitution costs may apply in these cases as well. You’ll certainly lose your job, as well as the public trust, and the consequences for your future career options may be extremely bad.

Public officials must make difficult decisions in the public interest all the time, but that doesn’t mean they won’t be controversial. It’s vital to the functioning of government at all levels that those who hold office can fairly make decisions without the threat of retaliatory or vindictive prosecution for making the hard calls.

Matthew Reisig defends clients in New Jersey facing inappropriate charges related to conduct in office. Call 732-625-9661 today and talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Criminal Laws

Penalties for Retaliation for Past Official Action (N.J.S.A. 2C:27-5) in New Jersey

September 17, 2016 by Matthew Reisig

Public servants and public officials are ethically obligated to follow their conscience in official acts, and to pursue their roles in what they consider to be the best interest of their communities, the State of New Jersey, and their constituents. Still, politics and policy are both contentious areas, and to protect the ability of public servants to appropriately fill their role, certain protections have been placed into law.

Under N.J.S.A. 2C:27-5, Retaliation for Past Official Action, it is a crime of the fourth degree to harm another through any illegal means as a form of retaliation for acts they took in office.

This charge would be added on to the other charges in the indictment, and would tack on an additional 18 month penalty to the charge for the unlawful act that harmed the public official. This is potentially very serious, as multiple felonies on an indictment can result in extensive sentences and financial penalties, even for a first-time offender.

Politics ain’t beanbag, as the saying goes, but it’s also not an area where violence or illegal conduct against public officials can be tolerated. Prosecutors – who are public officials themselves – will come after you if there’s evidence you’ve violated 2C:27-5. Call Matthew Reisig today at 732-625-9661 for a free consultation.

Filed Under: Criminal Laws

Criminal Defense Lawyer for Unlawful Official Business Transaction Where Interest is Involved (N.J.S.A. 2C:27-9) in New Jersey

September 17, 2016 by Matthew Reisig

Public corruption is an overriding concern among good governance groups and citizens alike. The appearance that a politician is using his or her office to enrich themselves, their families, or people who’ve made themselves “connected” is offensive to notions of democracy, and corrosive to municipal budgets and fair contracting practices.

Those public officials who steer work to their own companies, those owned by immediate family members, or other entities with whom they have a substantial stake may be in violation of N.J.S.A. 2C:27-9, Unlawful Business Transaction Where Interest is Involved. The “interest” in this case is the financial stake that the public official has in a business entity that was improperly granted contracts or other public monies.

N.J.S.A 2C:27-9 is a crime of the fourth degree, with a possible 18 month sentence if convicted. At this level, it is considered a low felony, and conviction will have long lasting and wide-ranging implications for the rest of your life. If you’re facing public corruption charges or any charges stemming from your work as an officeholder or public official, call Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Criminal Laws

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