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Official Misconduct

Public servants and government contractors face stiff penalties if there is an accusation of foul play. Over the last few years federal law enforcement agencies such as the FBI are increasing their focus on misconduct cases, and state’s attorney’s offices devote abundant resources to prosecute official misconduct under Florida law. If you have been charged with, or are being investigated for official misconduct in South Florida or along the Treasure Coast it is imperative to contact a criminal defense lawyer immediately. Law enforcement agencies aggressively attempt to obtain statements from unrepresented defendants and their business partners, and the only way to stop them in their tracks is to invoke the right to counsel. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in representing clients charged with official misconduct. He is available 7 days a week to provide a free consultation at (954) 543-0305, and has flexible meeting hours at his Fort Lauderdale and West Palm Beach office locations. Benjamin is also willing to travel to meet at any convenient location from Miami to Port St. Lucie to discuss the case.

Under Florida law official misconduct is defined as knowingly and intentionally obtaining a benefit for a person or causing harm to another through an illegal means. Typically the public official is accused of receiving money, but any type of compensation or benefit is prohibited, including those without specific monetary value. The law under section 838.022 mentions a number of acts including concealing, altering or falsifying official records and documents to benefit or hurt another party. Covering up and destroying documents or records, and concealing information from the public or other parties is also included in the official misconduct laws. Even delaying the release of information or preventing certain communications can be punishable by third-degree felony charges. Official misconduct is not looked upon kindly by judges and prosecutors, and a jail sentence is possible even for first time offenders. If jail can be avoided the defendant may still face a permanent felony conviction if the case is not handled properly. There is no minimum requirement of value in official misconduct cases, and even minor favors can be prosecuted under the felony criminal statute Benjamin Herbst has the knowledge and experience of the justice systems in Miami-Dade, Broward and Palm Beach County to fight for all clients charged with official misconduct. He is also an experienced Treasure Coast lawyer for clients with cases in Martin and St. Lucie County. Benjamin has successfully represented public employees such as police officers, teachers and politicians, and state and federal government contractors with security clearances, and he is standing by to fight for you.

Benjamin provides all clients with his cell phone number, and is never too busy to offer consultation or answer legal questions during the case. He also continues to provide counseling to his clients after the case has concluded. Benjamin believes that securing the best possible result is only part of his job, as being available and providing an open line of communication is key to offering complete legal representation. He fights to have the charges dismissed or reduced prior to trial, and in some cases, he can prevent the state from issuing a formal charging document. If you have been charged with official misconduct in any South Florida or Treasure Coast jurisdiction contact Benjamin immediately to find out what defenses may be available in your case.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.