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Bribing a Judge: Penalties and Strategies for Dismissal
Overview of Bribery Laws
Bribery involves offering, giving, soliciting, or receiving something of value in order to influence official actions or decisions. Bribing a judge is illegal under both federal and state laws.
At the federal level, bribing a judge violates 18 U.S.C. § 201, which prohibits bribing a public official. This statute applies to federal judges, magistrates, bankruptcy judges, and more. Violations are felony offenses punishable by up to 15 years in prison and substantial fines.
States also have laws prohibiting bribery of public servants, including judges. Charges and penalties vary by state but often include felony convictions and prison time. For example, in California, bribing a judge is punishable by up to 4 years in state prison (Penal Code § 93).
Bribery charges can also lead to disbarment for attorneys and removal from office for judges.
Challenges in Dismissing Bribery Charges
Once bribery charges have been filed, they can be very difficult to dismiss. Prosecutors typically pursue these cases aggressively. Some key reasons bribery charges are hard to beat:
Strong evidence – Bribery often involves documentation like bank records, communications, informant testimony, and undercover operations.
Broad interpretation of “bribery” – Courts define it expansively to include any corrupt intent to influence through payment.
High conviction rate – Over 90% of federal bribery defendants plead guilty or are convicted at trial.
Severe penalties – The severe potential penalties incentivize defendants to plead out.
Entrapment limited – Courts are reluctant to allow an entrapment defense for bribery.
No “customary” exception – Bribery laws do not exempt customary or culturally accepted payments.
Potential Strategies for Dismissal
While challenging bribery charges is an uphill battle, some potential dismissal strategies include:
Attacking intent – Arguing there was no clear corrupt intent behind payments. But evidence of quid pro quo makes this difficult.
First Amendment – Arguing payment was protected free speech, not bribery. Rarely succeeds.
Entrapment – Claiming police induced the crime. High bar to prove.
Selective prosecution – Arguing prosecutors are biased. Hard to evidence.
Statute of limitations – If payment was long ago, statute may have expired.
Jury nullification – Seeking jury acquittal despite strong evidence.
An experienced white collar defense attorney is essential when facing bribery allegations. But avoiding charges altogether is the best strategy.