In Monroe and in other parts of Louisiana, Malfeasance in Office is one serious crime that should be given special attention. The most frustrating thing about this charge is that it is capable of ruining the life of the defendant or defaulter. This is especially why it is important that anyone charged with this case should pay close attention to it.
When charged with this case, there is a higher percentage that you will spend quite a number of years behind bars. This is because it is a felony. When you spend even a day behind bars it affects your personal life and may ruin your professional life that you've spent your entire life building and guiding. Not only do you get to lose your job, but you will also find it extremely difficult to get your hands on a decent job. Things could get worse if you are the breadwinner of your family. To prevent yourself and your loved ones from experiencing how frustrating this could be, it is only imperative that you look for an experienced Malfeasance in office Lawyer Monroe to represent you in court.
While most people would doubt the importance of hiring a criminal defense attorney for cases like this, there are actually a couple of reasons why you need to hire one immediately.
First, when you hire the services of a well-trained and experienced criminal defense attorney to handle your case, you will have your case presented in court. Unknown to most people, hiring a defense attorney once charged will ensure that you get to appear before a judge as soon as possible. Ordinarily, without a criminal defense attorney to defend you, it may take weeks for your case to be presented before a judge and this is because of the large number of cases the judge will have to handle. When you hire a criminal defense attorney, you get to appear before a judge.
In addition to this, an experienced criminal defense attorney will make use of helpful courtroom tips and strategies to ensure that your case is overturned in your favor.
There are actually two statutes which Malfeasance in office falls under.
According to the laws of the state, Malfeasance in office occurs when a public employee or a public officer does the following;
· When a public officer or employee deliberately refuses to perform or carry out any duty that is lawfully required of him in the position he holds as a public officer or employee.
· When an officer deliberately performs or carries out any function in his legal jurisdiction in an unlawful manner. Or
· When that public officer permits any other officer or employee that is under his legal authority to deliberately refuse or fail to carry out any of the functions expected of him. Or when he permits another officer to carry out activities in an unlawful manner.
According to this law, lawful duty may refer to any duty or function that is required by a public employee or officer that is delegated to him. Delegation of this duty by a public officer to another under his authority will not relieve the public officer of his legal duty. However, if he permits the officer under him to carry out functions unlawfully, he will have to answer for that.
Malfeasance in office (sexual conduct) according to the laws of the state is prohibited within persons under the supervision and custody of the DPSC (Department of Public Safety and Corrections). According to this;
· It will be unlawful and would constitute Malfeasance in office when an officer engages in sexual intercourse or any other form of sexual conduct with anyone that is under their supervision, who is confined to the four ways of a prison cell, correctional institute, work release facility, or anyone that is under the supervision or custody of the Division of Probation and Parole.
According to this law, the "officer" used above will include an employee, a law enforcement officer, volunteer, and contract worker of the DPSC at any prison, correctional facility, work release facility, etc. To clarify this, the "law enforcement officer" used above shall include; Sheriffs, Commissioned Police Officers, Deputy Sheriffs, Correctional Officers, Marshalls, Deputy Marshalls, Constable, State Park Wardens, Parole and Probation Officers, and Wildlife Enforcement Agents.
According to the laws of the state, strict punishments await offenders of this law. The penalties to be meted out to defaulters include;
· Defendants may be imprisoned for not more than five (5) years with or without labor (depending on the judge) or will be made to pay a fine of $5,000. Depending on the severity of the charge, an offender may be required by law to do both. In addition to this, any offender that is convicted of this case may be made to pay restitution to the State Government if it is identified that the state suffered a loss.
· For Malfeasance in office (sexual conduct), offenders may be required to spend no more than ten (10) years in jail or may be required to pay a fine of $10,000. Depending on the condition and level of damage, the offender may be required to do both.
The punishments to be meted out to offenders will definitely ruin their lives. The number of years you will have to spend behind bars will definitely ruin everything you've worked hard to get. Even when you qualify for a loan or an insurance plan, it becomes almost impossible for you to get them.
As clearly stated at the beginning of this piece, it is important that you hire an experienced and well-trained defense attorney to handle your case.
One of the leading criminal defense attorneys in Louisiana, Carl Barkemeyer, is currently offering his service to people in Monroe. Being an experienced defense attorney, Carl Barkemeyer will work hard to try to prevent you from spending time behind bars. While we do not promise 100% success, we are confident that we can help you out.