Payment of bona fide debt by deputy or attache

A Vegas Defense Attorney Explains Exceptions for Payment of Debts

In Nevada, certain behaviors are considered to be unlawful when done by public officials. For example, rebate or division of salary and making an agreement to divide a salary can both be considered criminal offenses under certain circumstances, as defined by Nevada Revised Statutes 197.050 and 197.060.

While these rules are in place to prevent public corruption, they could also potentially be interpreted as prohibiting some behavior that is lawful — like the payment of bona fide debts. To make sure that people who don’t break the law are not actually caught up in a criminal investigation because their behavior could appear to be a legal violation, Nevada Revised Statute 197.070 carves out a specific exception to the provisions of 197.050 and 197.060. The rules set forth in 197.070 make clear that particular behavior by deputies or attaches is not considered to be an unlawful rebate or division of salary.

Understanding the rules on rebates and division of salary — along with the exception to these rules — is complicated. If you have been accused of violating the rules, you need a knowledgeable Las Vegas criminal attorney who understands the laws governing the conduct of public officials and who can help you to ensure that you are in full compliance with those rules and regulations. You should give us a call to talk with LV Criminal Defense because our legal team has extensive experience with Nevada rules found in Chapter 197 of the Nevada Code, which is the part of the Nevada code defining crimes by and against the state.

Our legal team will closely work with you to respond to accusations you engaged in unlawful rebates or division of salary. Our goal is to get you acquitted of offenses with which you have been accused and to try to protect you from criminal penalties that could come with the conviction. Give us a call to find out more about how our legal team can help you and to get personalized help from a committed, knowledgeable defense lawyer in Nevada.

Payment of Bona Fide Debt by Is Permitted

N.R.S. 197.050 explains that it is illegal if a state, county, or municipal officer appoints a deputy officer or attached in exchange for the officer getting valuable monetary consideration. A state, county or municipal officer is also not allowed to help a deputy officer or attache to get appointed in exchange for valuable monetary consideration. The statute specifically prohibits helping with an appointment in exchange for a promise by the deputy or attached to provide a portion of salary or other valuable rewards.

In other words, on the officer who works for the state is not legally permitted to get a deputy or attache appointed in exchange for the deputy or attache giving the officer any part of his salary or any other money. The reason this rule is in place is to make sure an officer does not appoint a deputy in exchange for the deputy promising to give the officer some specific percent of his salary.

N.R.S. 197.060 prohibits a deputy or attache from agreeing to divide salary in exchange for being appointed or in exchange for help getting an appointment. Both the officer doing the appointing and the deputy being appointed, therefore, are punished, but under different statutes.

N.R.S. 197.070 exists to ensure that deputies and attaches do not end up in legal trouble for violating N.R.S. 197.050 or 197.060 just by repaying a valid debt. According to N.R.S. 197.070, neither of the other two statutes relieve deputy officers or attaches from their obligation to pay a bona fide debt for which a civil action would occur in a court of law.

This means, essentially, that if the deputy or attache actually owes money, and if there would be grounds to sue to collect that money, the deputy or attache still has to pay it despite the rule prohibiting division of salary. The deputy or attache can pay the debt out of his salary, accordance with N.R.S. 197,070, without violating either N.R.S. 050 or N.R.S. 060.