Official misconduct is a serious offense in Illinois. You may be convicted of a Class 3 felony as well as losing your job.
What is Official Misconduct? If arrested, what can you do?
Under Illinois law, it is official misconduct to do the following in your capacity as a public official, public employee or special government agent:
(1) You intentionally or recklessly fail to perform any duty required by law.
(2) You knowingly perform an act that is legally forbidden.
(3) You perform an act in excess of your authority intending to obtain personal gain.
(4) You solicit or knowingly accept a fee for performing an illegal act.
It is also official misconduct to knowingly use information acquired in the course of employment intending to obstruct the prosecution of any criminal offense or person.
If you are charged with official misconduct, contact an experienced criminal law attorney immediately. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Were you acting in your personal or official capacity? Did you act intentionally or knowingly? Did you act for personal gain? Even if the evidence is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
Reference: 720 ILCS 5/33-3.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
