The Barkemeyer Law Firm defends clients with Malfeasance in Office charges. We represent clients whose charge results from an incident at Orleans Parish Prison, B.B. Rayburn Correctional Center, Louisiana State Penitentiary, as well as any other correctional center or prison in Louisiana.
Malfeasance in Office charges can occur in any public setting. The charges result from the alleged failure of a public officer or employee to perform a required duty or when the officer or employee performs it in an illegal manner. Frequently, Malfeasance if Office charges are brought against correctional officers in state prisons for illegal activity which could include smuggling in contraband to the prisoners and engaging in unlawful relationships with prisoners. In the case when sexual conduct is alleged between the correctional officer and inmate, the higher-grade charge of Malfeasance in Office with sexual conduct can be pursued by the state prosecutor. It is not a defense that the sexual conduct was consensual.
Our malfeasance in office lawyers at the Barkemeyer Law Firm have represented clients with this charge for many years. We have had clients who were correctional officers in prisons throughput Louisiana. We know how to help our clients get the best results and protect their future.
Malfeasance in Office Lawyer in New Orleans
Misconduct in public office is a common act in New Orleans. People who are placed in public offices are known to act lackadaisical or careless at work, which mostly affects the members of the public. Malfeasance in office is a criminal act that is tried by indictment. This act is the negligence of duty and betrayal of the trust that the public has in a public officer.
Malfeasance in the office involves failure to uphold a sworn oath, illegal act by a public official, misconduct by a public official, maladministration, failure to carry out an official duty in the right way, misguidance, mismanagement of the office, wrongdoing by a public official and many more. When malfeasance in office becomes a legal matter, it is important that anyone found guilty seeks the assistance of a defense lawyer in New Orleans. A defense lawyer can help to fight by filling in as your legal advocate.
Any unlawful or wrongful act perpetrated by a public officer at work is punishable under the law governing Orleans Parish. Public officials who fail to carry out their duties as expected or not fulfilling their duties according to the oath of allegiance taken can be charged and arraigned for malfeasance in office. Gross misconduct, neglect of duty and corruption while at an official duty can lead to a conviction. The law in New Orleans, Louisiana takes malfeasance in office as a great offense and any public officer found guilty is tried and indicted in the court.
Malfeasance in the office can lead to dismissal from work or replacement. There is a punishment that the offender has to face as a consequence of malfeasance in office. The plaintiff has the right to sue the defendant for any financial damage that was incurred as a result of the misconduct. The severity of the penalties for malfeasance in office depends on the kind of crime committed and the situation involved.
When charged to court for malfeasance in office, the defendant needs to take quick legal action by seeking the intervention of a defense lawyer that is capable and fit for the work. Barkemeyer Law Firm, a criminal defense attorney in New Orleans has been able to represent a good number of public officers for cases of malfeasance in office. He knows how best to defend your case in court so that you can have a better chance.
Malfeasance in Office
There are several instances of malfeasance in office. Malfeasance in the office could be an unlawful act that a public worker has no right to engage in. Any unlawful act that affects and obstructs the performance of official duties can be charged as malfeasance in office. An official act that is carried out without a warrant or proper authorization is a crime of malfeasance in office.
It is not uncommon to find public officers engage in what they are not supposed to engage in. Any public official caught engaging in activities that are out of and beyond the scope of their office can be sued for malfeasance in office. A public officer who intentionally refuses to perform their lawful duty is liable to a court trial. Neglecting a duty concerning an office can attract a court trial, especially when such action has a bad effect on the members of the public.
Also, some public officers carry out their duties in an unlawful manner. Such people can be charged for misconduct in office. If a superior officer intentionally allows an employee or a public officer who works under him to be indolent about their duties, he is guilty and can be arraigned for malfeasance in office. This case is not uncommon, some superior public officers do not care about the actions of the workers under them. Simply overlooking a negligent officer who works under you is a crime to your public post.
A public officer going about a task they are not charged to perform can be charged for malfeasance in office. Any public officer caught in such a position can be sued for malfeasance in office. People in public offices are known to be negligent about how their actions affect the public. Most of the time, these acts are done for personal gain or purpose, which is usually not taken lightly in Orleans.
Malfeasance in the office could be corporate malfeasance which are unethical and illegal actions that can cause harm to another person. A cooperate malfeasance requires the intervention of a malfeasance in office lawyer in New Orleans.
Criminal malfeasance is a type of crime that involves physical injury or financial damage. An example of this is medical malpractice by a doctor. Malfeasance in the office could also be a breach of trust in which a public officer who is put in office to uphold the trust of the people does otherwise.
Penalties of Malfeasance in Office in New Orleans
Malfeasance in office is an offense of negligent of duty or mismanagement of an official post and this offense is punishable by imprisonment. The public officer is imprisoned for up to 5 years with or without hard labor. The defendant pays a fine of not more than $5,000 or serves both penalties. If the state suffered in the harm caused by the public officer, then he or she may be asked to pay a restitution fee to the state. Restitution to the state involves payment of legal interest.
When charged with malfeasance in office, you must hire a criminal defense attorney to help you fight your case. Your defense attorney can give you a better chance of getting a positive outcome on your case.
Get help from Barkemeyer Law Firm today
Barkemeyer Law Firm is a criminal defense attorney in Orleans Parish and New Orleans Louisiana. He has lengthy experience in dealing with cases of malfeasance in office and he has done several such cases in the past. He has enough experience to represent you at trial.
If you have received a Malfeasance in Office, contact the criminal defense attorneys at the Barkemeyer Law Firm.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170