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December 6, 2020 by PILLI Law

What Is the Attorney General?

The attorney general is one of the most important positions a person can obtain in the U.S. Notably, in the U.S. there are two types of attorney generals. The first is the U.S. attorney general and the second being each individual state’s attorney general. Amongst the two types of attorney generals, in this blog, I will describe how they become an attorney general and what exactly it is they do.

To start with, becoming an attorney general of a state or of the U.S. as a whole are both different processes from each other. For instance, to become an attorney general of a state a different route has to be taken then if picked to become the attorney general for the U.S.. The road to becoming a state attorney general starts with first graduating from law school and having a successful career as a lawyer. So, to be eligible a person must have an active law license and extensive experience. 

Then the person must pass a background check, fingerprint scans, and a government test. After all these steps are completed the person can be either appointed or elected as the state’s attorney general (depending on the state). In the state of Texas, the attorney general is elected for a four-year term. Now when it comes to the U.S. attorney general, they have to go through all the same steps, but the last step is different. The U.S. attorney general is appointed by the president and is then confirmed for the position by the senate. Once these spots (for the U.S. attorney general and all of the individual state’s attorney generals) have been filled they can get started on what their job entails.

Furthermore, being an attorney general, whether it is for the U.S. or a specific state, both have a fair amount of responsibilities that come along with the title. For both positions, one of their main tasks while on the job is to safeguard the freedoms of citizens which have been guaranteed by the constitution. Either the state constitution or the U.S. constitution. 

One key difference between the U.S. attorney general and the state attorney general is the specifics of what they defend (other than citizens’ rights like previously mentioned). While state attorney general’s focus more on locally dealt issues such as child support laws or fraud cases, the U.S. attorney general focuses on bigger nationwide issues. An example of this can be how the U.S. attorney general works and interprets federal laws, as well as being the head of all federal jail and penal institutions. The legal team at Brandy Austin Law Firm, PLLC has a variety of professional experiences and areas of practice that the firm and its criminal defense lawyers most likely were involved in similar cases. These are just some of the differences between the U.S. attorney general and the state attorney general(s) when it comes to their own occupational duties.

From the two different types of attorney generals, these jobs may be similar in the title but have a few obvious differences from each other. The first being the difference in if they are appointed or elected. Not to mention both of these positions also have varying tasks and responsibilities. After analyzing the main obligations of the two types of attorney generals in the U.S. criminal justice system, the contrast between the two titles is now more apparent than ever.

Filed Under: Uncategorized Tagged With: criminal defense lawyer

September 23, 2020 by PILLI Law

Six Different Types of Bribery

Bribery is defined by Black’s Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. Although the typical definition of bribery is well-known among many citizens, the different types of bribery are more elusive. There are six types of bribery:

  1. Bribery and Kickbacks. Bribery typically involves the transfer of favors or monetary compensation in exchange for a specific treatment in return. Texas laws regarding bribery and kickbacks are updated on a regular basis as their forms continue to change and evolve. 
  2. Bribes and Public Officials. This type of bribery has become exceedingly common in the 21st century as the country’s two-party system continues to divide popular opinion. Texas Bribery Statutes state that any individual or party who directly or indirectly gives, offers, or promises something of value to a public official with the intent to influence their decisions may face bribery charges. Likewise, a public official may not accept, receive, or demand bribes in exchange for favorable decisions. If convicted of bribery or proposing a bribe, involved parties may face up to 15 years in prison and significant fines. 
  3. Bribing of a Witness. As witness testimony carries significant weight in many court proceedings, witness tampering is not uncommon. Bribing a witness refers to offering a bribe to a witness in exchange for a specific testimony. If convicted of offering bribes to a witness, the offender faces up to two years in prison. Witnesses who demand bribes may also face significant fines and/or prison time. 
  4. Bribing a Foreign Official. The Foreign Corrupt Practices Act bans the act of bribing foreign officials by U.S. corporate representatives. Publicly-traded companies are required to keep extensive records of their business transactions in an attempt to dissuade these companies from engaging in official bribing. Despite best governmental efforts, international bribing still occurs and other forms of “grease payments” are inherently legal. 
  5. Bank Bribery. The Bank Bribery Amendments Act of 1985 prohibits the solicitation of banking officials. These officials may not accept any form of alternate compensation from outside parties, including entertainment or meals. Banking officials are also obligated to report any attempted or offered bribes, regardless of acceptance. 
  6. Sporting Bribes. Sporting bribes are also extremely common, especially in the sports gambling industry. A sporting official may not accept bribes in exchange for his or her influence on a sporting event outcome. Referees found guilty may face significant fines or up to five years in prison. 

In a bribery case, the government bears a significant burden and must prove that all elements of the charge were met in the exchange. Bribery convictions typically depend on collected surveillance, recordings, and witness testimony. A single allegation of bribery may affect an individual’s professional reputation and livelihood as such a charge carries significant consequences. As a result, it is imperative that accused individuals seek the expertise of an criminal defense lawyer, like from Brandy Austin Law Firm, PLLC. All individuals should avoid engaging in any form of bribery to lessen the risk of jail time and/or significant fines. 

Filed Under: Uncategorized Tagged With: criminal defense lawyer

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