According to reports out of Monroe County, a deputy has been convicted of bribery and violation of oath.
Former deputy Bill Miller was arrested in 2018 after a woman he arrested for DUI in Georgia came forward with evidence that he offered to have her charges reduced in exchange for sexual acts.
As a Georgia Criminal Defense Lawyer, I am very aware that all different types of individuals are accused of committing crimes - including officers. Moreover, all different types of individuals are guilty of committing crimes.
In today's post, I will outline the law behind violation of oath by public officer in the state of Georgia.
Violation of Oath by Public Officer in Georgia
Georgia Law defines violation of oath by public officer in Georgia in O.C.G.A. §16-10-1 as:
Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
In order to convict an officer of violating his oath of office, the State must prove that the defendant was actually administered an oath, that the oath was prescribed by law, and that the officer violated the terms of that oath. Oaths can be violated even while the officer is off duty. The issue is not whether the officer was on duty at the time the prohibited action occurred, but whether there was some connection between the offense and the public officer's official duties.
If a public officer is convicted of violating the oath in Georgia, the punishment will be a prison term between one and five years. They will be guilty of a felony.
No one is immune from being accused of a crime. However, that being said, an accusation is not the same as a conviction.
An arrest is also not the same as a conviction. If you or a loved one has been arrested in Georgia, contact a Georgia Criminal Defense Attorney now.