Be Careful When Giving Gifts To Law Enforcement

Law Blog

About 0.2% of Americans were estimated to have been victimized by bribery in 2002. When you are working with law enforcement officers, you must be careful about any gifts or favors that you provide officers. Gifts and other favors can constitute a bribe, even if you did not intend this. Whether or not you are accused of a crime will be based on the surrounding circumstances when you offer a gift or favor. Because bribery can lead to hefty fines and imprisonment, you should be careful when considering giving a gift to an officer.

Be Careful What You Say

Be careful with what you say to an officer because any promises of a favor can constitute a bribe. A gift or favor does not have to actually occur -- only the belief that one may occur. For example, if you are happy that an officer has let you off with a warning and offer to help the officer in the future, this could be seen as a bribe attempt. Even if the offer is not accepted, you could be charged.

Consider the Context

If you have a friend who is an official, you can still exchange gifts as long as the context does not relate to an official matter. If the official is making a decision that could affect you positively or negatively, you should refrain from giving or promising a gift until the case has been fully resolved.

Send Thank-You Notes Rather Than Gifts

If you feel that a police officer has provided fantastic service, the best way to thank the officer is with a thank-you note for two reasons:

  1. Thank you notes are not considered to be bribes

  2. Officers often receive a lot of negative feedback while on-the-job and a thank you can be refreshing

If you are accused of offering a bribe to a law enforcement officer or another public official, you will need assistance from a criminal defense attorney, like Robert E Long & Associates Ltd. You will need to prove that your gift or favor was not intended to influence the officer. Even if there is surveillance evidence of surrounding circumstances that would lead a jury to believe bribery has occurred, if the evidence was collected without a warrant, you may still have the charges dropped.

Also, if you feel that you were coerced by the law enforcement officer into providing the bribe, you could argue that you gave the bribe out of fear. The official may be charged with a crime and you may be found innocent.

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20 August 2015

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