Official Misconduct Defense Attorneys for New Jersey and Pennsylvania

Allegations of official misconduct threaten more than just your freedom. They endanger your job, your pension, and your reputation—and for public servants, that means everything you’ve built over the course of your career. Whether you’re a Camden police officer, a Gloucester County corrections supervisor, or a Philadelphia municipal employee, an official misconduct charge puts your future in jeopardy long before you step into a courtroom.

At Ratliff Jackson LLP, we provide aggressive, discreet defense for those accused of violating the public trust. We understand that public employees often face politically motivated allegations, internal retaliation, or complex regulatory scrutiny. Our legal team brings together deep courtroom experience and public sector insight to protect your name, your livelihood, and your legacy.

What Is Official Misconduct Under New Jersey Law?

In New Jersey, official misconduct is governed by N.J.S.A. 2C:30-2, which criminalizes two primary categories of conduct:

1. When a public servant, with purpose to obtain a benefit or to injure another, commits an unauthorized act relating to their office.
2. When a public servant knowingly refrains from performing a duty imposed by law.

This statute is notoriously broad, often encompassing:

• Use of municipal property for personal gain
• Improper arrest or search procedures by law enforcement
• Favoritism in public contracts or hiring
• Misuse of state or federal grant funds

Conviction requires proof of purpose and knowledge, not mere negligence. The prosecution must show that you intentionally acted (or failed to act) to secure a benefit or cause harm.

Official misconduct is classified as a second-degree crime if the benefit exceeds $200, carrying a penalty of 5 to 10 years in prison and a presumption of incarceration, even for first-time offenders. If the benefit is $200 or less, it’s a third-degree crime, with a 3 to 5 year sentence.

Under N.J.S.A. 2C:51-2, a conviction triggers mandatory forfeiture of public employment, office, or pension rights.

Pennsylvania’s Approach to Official Misconduct

While Pennsylvania doesn’t have a single statute labeled “official misconduct,” several criminal and ethics provisions serve a similar purpose:

• 18 Pa.C.S. § 5301 (Official Oppression): Criminalizes actions by public servants who intentionally mistreat or deny rights to others while acting in their official capacity.
• Ethics Act violations (65 Pa.C.S. § 1101 et seq.): Targets conflicts of interest, financial disclosure failures, and other misconduct by public officials.
• Theft by Unlawful Taking (18 Pa.C.S. § 3921): Common in cases involving alleged misuse of government funds or assets.

Convictions may lead to prison time, fines, removal from office, and in some cases, permanent disqualification from public employment depending on the office held and the nature of the offense.

Because Pennsylvania’s framework is less centralized than New Jersey’s, charges may be accompanied by overlapping civil, administrative, and disciplinary actions. This makes early legal intervention crucial.

Who Can Be Charged With Official Misconduct?

Charges aren’t limited to elected officials. Under both New Jersey and Pennsylvania law, the term “public servant” includes:

• Police officers
• Firefighters
• Teachers and school administrators
• Correctional officers
• State, county, or municipal employees
• Contractors acting on behalf of a public agency

If you receive government compensation, have administrative authority, or are entrusted with public duties—you are at risk of being charged.

Risks Beyond the Criminal Courtroom

Official misconduct charges have consequences that extend well beyond fines or incarceration:

• Pension Forfeiture: In New Jersey, conviction results in automatic forfeiture of pension benefits under J.S.A. 43:1-3.1.
• Licensing Consequences: Educators, law enforcement, and licensed professionals may face permanent loss of credentials.
• Civil Liability: Misconduct can open the door to civil lawsuits under state or federal law, especially 42 U.S.C. § 1983.
• Career Termination: Even without a conviction, disciplinary investigations and pretrial publicity often lead to resignation, suspension, or non-renewal of public contracts.

Our attorneys are equipped to manage not just the criminal charges, but also the collateral consequences that follow.

Why False Allegations of Misconduct Are Common

The broad nature of these statutes makes public employees especially vulnerable to retaliatory or politically motivated accusations. In many cases, our clients face scrutiny not because of what they did, but because they:

• Challenged departmental leadership
• Whistle-blew on corruption or safety violations
• Were involved in high-profile arrests or controversial decisions
• Were targeted during election-year crackdowns

We carefully investigate the origin of each charge, often finding that the complainant has an axe to grind or a political motive.

Key Defense Strategies in Official Misconduct Cases

1. Challenging Intent: The State must prove beyond a reasonable doubt that the act was purposeful and with improper motive. Misjudgment or policy violation alone isn’t enough.
2. Authority Disputes: We challenge whether the act in question was truly “unauthorized” under the applicable policy or law.
3. Procedural Violations: In many cases, internal investigations violate due process or fail to follow departmental protocols, weakening the prosecution’s case.
4. Public Policy Concerns: Courts are often cautious about criminalizing conduct that falls into a gray area of administrative discretion. We argue that the conduct is more appropriately addressed through civil service or employment proceedings.
5. Character Evidence: We use your service record, community ties, and commendations to contextualize the allegation and fight for non-custodial outcomes.

Timing Matters: When to Call an Official Misconduct Defense Lawyer

Don’t wait to be arrested. Many of our clients first learn of an investigation through an internal memo, ethics board inquiry, or union rep. By that point, the prosecution is already building a case.

Early intervention allows us to:

• Mitigate risk during interviews and document submissions
• Shield clients from self-incrimination
• Push back against unlawful discipline
• Negotiate non-criminal resolutions

If you’ve been contacted by internal affairs, ethics investigators, or the Attorney General’s Office—contact us immediately.

Protecting Public Employees Across the Region

Our attorneys have successfully defended:

• Trenton police officers accused of evidence mishandling
• Salem County jail supervisors investigated for inmate abuse
• School district officials facing financial disclosure violations
• Philadelphia Housing Authority employees under ethics review

From high-ranking state employees to front-line civil servants, we provide the same strategic advocacy at every level of government service.

Speak With an Official Misconduct Defense Lawyer Today

An official misconduct allegation is not just a criminal charge—it’s a professional crisis. You need counsel who understands the law, the politics, and the procedures involved in protecting your reputation and your rights.

At Ratliff Jackson LLP, we serve public servants across the region with offices strategically positioned for easy access to court systems in Camden, Trenton, Philadelphia, and surrounding counties. We understand the pressures you’re facing and we’re ready to act fast.

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page.