Have You Been Charged with Using Private Funds for Law Enforcement in Georgia?
Crimes involving abuse of a governmental office are wide-ranging, and the penalties are severe. There are numerous ways a person can violate their office, and it is essential to understand Georgia law. The Law Offices of Lawson and Berry have extensive experience with Crimes Against Public Administration and how to defend against them. If you have been charged with a crime relating to public administration, you need our assistance. Contact us today for a free case evaluation.
O.C.G.A. §16-10-3
There are two ways in which a person can be charged with using private funds for law enforcement in Georgia:
- When any officer or employee of the state or any agency thereof receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the state, or;
- When any officer or employee of a political subdivision receives from any private person, firm, or corporation funds or other things of value to be used in the enforcement of the penal laws or regulations of the political subdivision of which he is an officer or employee.
Situations Where it is Not a Crime
There are circumstances where law enforcement officers will not be guilty of violating the statute. One situation is where a private person, firm, or corporation employs the officer during off-duty hours. However, the employment must be approved in writing by the chief or head of the law enforcement agency first.
Another situation where the officer will not be guilty of violating the statute is when the officer solicits or accepts contributions of equipment or funds to be used solely for the purchase of equipment. However, the equipment must be used in the enforcement of the laws and regulations of Georgia, and the acceptance has to be approved in writing by the chief or head of the law enforcement agency.
Penalty for Using Private Funds for Law Enforcement in Georgia
A conviction for violating O.C.G.A. §16-10-3 will be treated as a misdemeanor in Georgia. Misdemeanor convictions come with up to a $1,000 fine, up to one year in jail, or both.
Contact Us
Remember a charge is not the same as a conviction. The Law Offices of Lawson and Berry has over 50 combined years of criminal defense experience and are prepared to help you now! Our office understands that criminal charges do not always happen during regular business hours, so we are available nights, weekends, and holidays.
