PC 92/93: Bribery of, or by Judges, Judicial Officers or Jurors

Legal Definition:

PC 92: “Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment…”

PC 93: “(a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater.”

For a person to be convicted of a violation of PC 92, the prosecution must show that:

1. You offered or gave something of value to a judicial officer or juror;
2. You made this offer with corrupt intent;

AND

3. You did this in order to influence the officer’s decision in an official matter.

For a person to be convicted of a violation of PC 93, the prosecution must show that:

1. You, as a judicial officer or juror, received or agreed to receive;
2. Something of value;
3. You did this with corrupt intent;

AND

4. You did this in order to influence your own decision as an officer’s decision in an official matter.

What does this mean?

People who engage in bribery are charged under PC 92, while those who are bribed face charges under PC 93. Bribery is defined as the act of a Judge, Juror, Commissioner, Referred, Arbitrator, or Umpire making an official decision in exchange for monetary gain or any other valuable consideration. The corrupt intent behind such actions can be readily inferred from the surrounding circumstances. For instance, if an individual unexpectedly gifts a Judge presiding over their brother’s criminal case a new car without any discernible reason, it strongly suggests an attempt to influence the Judge in favor of their brother. Similarly, an individual’s attempt to contact a juror involved in a significant civil case they are also a party to raises suspicions. Ordinarily, there would be no legitimate reason to contact a juror unless one harbors corrupt intentions to manipulate the course of the proceedings in one’s favor. It is worth noting that, due to a comprehensive vetting procedure, individuals involved in a case typically do not have prior acquaintance with the jurors. Consequently, any attempt to communicate with them is indicative of an underlying desire to gain undue advantage in one’s own case.

Penalties

A violation under PC 92 and PC 93 Bribery of, or by Judges, Judicial Officers, or Jurors is a felony only charge. This means you cannot have this charge reduced to a misdemeanor during or after your case. This would also mean, a conviction for a violation under PC 92/93, would be a lifetime ban for you to ever own or possess a firearm. A conviction under this section can land you in State Prison for upwards to 2, 3, or 4 years. You would be required to serve at least 50% of that time in custody. You could also be required to pay restitution in the form of fines from $2,000 up to $10,000. This is not a mandatory Prison Sentence, and having an experienced Criminal Defense Attorney can possibly seek Probation, thus avoiding a lengthy Prison Sentence. Whether you are subject to State Prison or Probation, depends on the facts of your case and your criminal history. This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a suspension or loss of your Professional License if convicted, and if you are not a legal resident, you could face issues in Immigration Court because this is a crime of moral turpitude.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Coerced Confessions

Generally speaking, a person who confesses to a crime that is forced out of them by police conduct, it would be inadmissible to be used against them in Court. This makes logical sense, if the police force a confession out of a person illegally, it should not be able to be brought into Court to be used against them. In a case like this, a prior friendship with a judicial officer may be investigated as a crime, where police and a DA accuse you of bribing this long time Judge friend in order to get a favorable result in a case they presided over. Police could overwhelm you with photos of the two of you together, holding you in an interrogation room for hours until you’re delirious, and you the confess. If your confession is coerced by police, then it can be generally not be brought into court against you.

Also, you could have also simply given a present to the Judge, not with a corrupt intent, but to thank them for the job they are doing. If the present does not influence the Judge, and you lack the corrupt intent to commit that crime, then you would not be found guilty under this section. Instead, there would be insufficient evidence to prove you guilty of the charges. Your Ontario Criminal Defense Attorney could argue this for you at your Preliminary Hearing or at Trial, in order to get your case dismissed.

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Confronting charges under PC 92 or PC 93 is a serious legal matter that can profoundly affect your future. These charges, related to the bribery of, or by, judges, judicial officers, or jurors, carry the potential for harsh consequences. Without a strong defense, you could face up to 4 years in State Prison, mandatory deportation for non-residents, and the irrevocable loss of your 2nd Amendment rights. Additionally, judges charged under PC 93 may face the loss of their judicial positions and Bar Licenses, marking a significant professional downfall.

In such high-stakes situations, the expertise and track record of your attorney are paramount. At Inland Empire Defense, our Ontario PC 92 and PC 93 attorney brings a wealth of experience and a commendable history of success in defending individuals against these grave charges. We understand the nuances and complexities involved and are committed to mounting a vigorous defense on your behalf.

Facing these charges can be a daunting and overwhelming experience, but you don’t have to navigate this journey alone. For expert legal assistance and guidance, contact your local Rancho Cucamonga Criminal Defense Attorney at Inland Empire Defense. Call us at 909-939-7126. Our office, conveniently located in Ontario, stands ready to defend your rights and offer the high-caliber legal representation you require in these challenging times.