Malfeasance in office is when a public officer commits an illegal action while working officially. It occurs when a person decides to carry out an illegal act that may have effects on how they perform their official duties. When someone is accused and convicted of malfeasance in office, there is a great chance that he or she will be removed from office. This could be done by either a statute or recall election.
When you are arrested for this crime, it is important to contact a Malfeasance in office lawyer in Shreveport like Carl Barkemeyer, Criminal Defense Attorney to represent you.
Malfeasance in office is also a situation when a public officer has no right to do something but ends up doing it. This is a case of abuse of power.
It could be threatening someone or carrying out an illegal act with your official powers. Malfeasance in office is not a minor offense, but one that could not only ruin your reputation but leave you in prison for a while.
It should not be taken for granted, and that is why you need Carl Barkemeyer, a Malfeasance in office lawyer in Shreveport to analyze the elements of the case and represent you.
For malfeasance in office case to stand, it needs an affirmative act or omission. It also needs the officer to have done it in an official capacity.
The act should also affect how the official duties are performed. If these conditions are met, there is a great chance that it will be a crime of malfeasance in office.
To ensure that you do not dig yourself a deeper hole or offer evidence to the investigating officers that will put you in a bad light, it is important that you do not do the following:
Under no condition should you resist arrest when you want to be arrested? Do not run because it makes you feel guilty. We have seen cases when officers do not have evidence against the accused, but the fact that the accused ran made him seem like he was hiding something. Do you know that the police could hold you and charge you for resisting arrest? Yes, you read that right.
You may be tempted to hit the officer or get into a fight with him or her. Avoid such an urge. You could worsen your case by doing that. Be calm and follow them peacefully. This way, if you are harassed by the officers, you can use it to build up a case against them.
What you should do instead is to call a Malfeasance lawyer in Shreveport, Carl Barkemeyer, Criminal Defense Attorney to come to the station. Do not say any word until our team comes to the station.
If you have been arrested, it won't be a bad idea to keep calm and think about your legal rights
When you have been arrested, you should not answer any questions that you may be asked by the Police officer. The Miranda rights allow you to keep mute and ignore whatever the officer says. It is important to note that whatever you utter can be used against you when the case gets into court. They will try different means to get you talking and spilling the beans on yourself, ignore those attempts. They may say how they are interested in getting you off the hook. This should be taken with a pinch of salt. Many officers are interested in advancing their careers, and not getting you off the hook. They are more interested in climbing up the ladder by sealing more cases than helping prove your innocence. Ignore their words and ask to see your attorney.
Do not behave in a bad manner to the officers. Do not yell at them. Do not threaten them. Do not say anything that will come off as disrespectful. Keep quiet and remain calm.
Immediately you are arrested, you have the right to have an attorney present during interrogation. Under no condition should you interact or say anything to the officers when your attorney isn't present. It may end in tears. Officers are trained in the art of manipulation. When you mention anything, they twist your words and use them against you.
Ensure that your attorney is always there when any discussion is made. Under no condition should you agree to talk to officers without your lawyer being present. It is paramount that your attorney is around when any lineup or testing procedure is being done. If they want to take your blood, ask that your attorney be present.
Ask that your lawyer handle the prosecutors and police. If they want to give you a type of deal, let your lawyer negotiate the terms. Do not do that yourself.
Ask that your lawyer looks for witnesses. If you know any witness that can corroborate your story, tell your lawyer immediately. Do not hide material facts of the case from him or her, no matter how gory it is. It saves you from getting a deep pile of mess. Remember that there are lawyer and client privacy laws that prevent the former from testifying against the latter, even when there is a falling out. Whatever you tell your attorney stays between both of you.
It is your right to know the badge number of any police officer that is attempting to arrest you. You can also lookout for the number and memorize it. It won't be a bad idea to also find out their patrol car number. This allows you to know who to finger if you are poorly treated by the officers. You could always make a case against them.
It is important that you let your loved ones that they are not under obligation to cooperate with the Police. They have the right to a lawyer being present when they are interrogated about your crimes.