Bribery is used in everyday life and is perfectly acceptable in some scenarios. However, for a bribe to be a crime, the person offering the bribe must intend to corrupt an official. Public officials are supposed to carry out their job duties impartially and without any extra compensation or payment. Accepting a bribe creates a conflict of interest, which could cause the public official to act improperly.
If you are facing bribery charges, the potential penalties may be more substantial than you realize. It is vital to get the help of a Doraville bribery lawyer. A knowledgeable criminal defense attorney can help you understand the charges against you, evaluate the state’s evidence, and discuss potential defenses or solutions.
Georgia Code Annotated § 16-10-2 outlines the crime of bribery. The crime must have an element of corruption. It is not simply trying to influence an official, who is any person acting for or on behalf of the state or a political subdivision or agency. A person can accomplish this in two ways.
First, someone can give or offer to give an official any benefit, reward, or consideration to which they are not entitled to influence the performance of their official functions.
Second, any official who directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by leading someone to believe that the thing of value will influence their performance of an official action is committing bribery. In other words, people who either offer or accept bribes can be charged with bribery.
Three elements are necessary to establish bribery: the offer or solicitation of a thing of value, the intention to corruptly influence, and a person’s position as an official. A bribery lawyer in Doraville could argue that one or more of these elements of your case were not met.
Under state law, the definition of who is a public official is broad. It includes:
Currently, there is no case determining that a particular group of people are officials, but that does not mean that a court will not consider them officials in the future. If someone can act officially on behalf of any government group or agency, a court may consider them an official.
The statute does not set a dollar value on items, which can make it difficult for people to determine whether something is a thing of value. However, the statute does outline what is not considered a thing of value for bribery. These include:
Some categories of bribes are related to an official’s salary from their private businesses. Legitimate salaries and other benefits are not bribes, but if someone solicits business or offers business to influence an official, those proceeds may not be legitimate. Another category refers to expenses related to travel and events. Expenses must be actual and reasonable, which is a subjective judgment. In these scenarios, a Doraville bribery attorney could show these items were legitimate, actual, and reasonable.
There are several great defenses to bribery charges, but you should get legal help as soon as possible. Do not try to explain your situation to the police or agree to interrogation without an attorney. A simple misstatement could be the difference between a conviction and dismissed charges.
A Doraville bribery lawyer could examine the circumstances to see if the evidence shows the gift was not valuable, not made with an intent to influence corruptly, not related to the official’s public acts, or that there was no offer or gift. Schedule a consultation to learn more.
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