Salem County Extortion Under Color of Official Right Lawyer — What Are Your Defense Options?
Extortion under color of official right is a serious federal offense under the Hobbs Act, 18 U.S.C. § 1951, and can also be prosecuted under New Jersey state law. In Salem County, such charges are handled in federal court and carry severe penalties, including decades in prison. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Superior Court of NJ, Salem Vicinage | New Jersey Legislature
Understanding Extortion Under Color of Official Right
Extortion under color of official right is a specific form of public corruption where a public official uses their government position to obtain money, property, or something of value to which they are not entitled. The crime does not require an explicit threat of force or violence; the wrongful use of the office itself is the threat. The offense is defined federally under the Hobbs Act, 18 U.S.C. § 1951, which prohibits actual or attempted robbery or extortion affecting interstate commerce. In New Jersey, similar conduct can be prosecuted under state bribery and official misconduct statutes, such as N.J.S.A. 2C:27-2 (Bribery in Official and Political Matters) and N.J.S.A. 2C:30-2 (Official Misconduct). The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has extensive experience defending against complex federal and state corruption allegations.
Official Legal Resources
For the official text of the federal Hobbs Act, see 18 U.S.C. § 1951 (Cornell Legal Information Institute). For New Jersey’s official court rules and procedures where such cases may be filed, visit the Salem Vicinage website.
Salem County Court Process for Extortion Charges
Federal extortion charges in Salem County are prosecuted in the U.S. District Court for the District of New Jersey. The process is distinct from state court and involves intensive federal investigation by agencies like the FBI. In Salem County, federal indictments are typically handed down after a grand jury review. The procedural steps are rigorous, and having counsel familiar with federal practice is critical.
- Federal Investigation: Agencies like the FBI or DOI conduct a lengthy investigation, which may include wiretaps, subpoenas, and undercover agents.
- Grand Jury Indictment: Prosecutors present evidence to a federal grand jury to secure an indictment.
- Arraignment: The defendant appears in U.S. District Court to hear the charges and enter a plea.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, dismiss charges, or challenge the prosecution’s legal theories.
- Trial or Plea Negotiation: The case proceeds to a federal jury trial or is resolved through plea negotiations, often involving complex sentencing guidelines.
- Sentencing: If convicted, sentencing follows federal guidelines, which are often severe for public corruption.
Potential Penalties and Consequences
In federal court for Salem County, extortion under color of official right under the Hobbs Act is punishable by up to 20 years in federal prison, significant fines, and mandatory restitution.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Extortion Under Color of Official Right (Hobbs Act) | Federal Felony | Up to 20 years | Up to $250,000 (individual) | Forfeiture of assets, permanent loss of public office/employment, restitution, supervised release. |
| NJ Official Misconduct (N.J.S.A. 2C:30-2) | 2nd Degree Crime | 5-10 years NJ State Prison | Up to $150,000 | Mandatory loss of public office/pension, permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Complex Defense Matters
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to each case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our approach, “Advocacy Without Borders,” means we are prepared to defend clients in both state and federal jurisdictions. Mr. Sris, a former prosecutor, provides strategic insight into how the government builds corruption cases.
Case Results and Defense Strategy
While specific results for extortion under color of official right in Salem County are not listed, our firm has a documented history of achieving favorable outcomes in complex criminal matters. For instance, we have secured dismissals in serious sex abuse cases in D.C. Superior Court and favorable dispositions in child pornography cases in Maryland. Results may vary. Prior results do not aim for a similar outcome. A strong defense against extortion charges often involves challenging the “under color of official right” element, demonstrating a lack of intent, proving entrapment, or negotiating for reduced charges based on mitigating circumstances.
Salem County Extortion Defense Lawyer Near You
Our New Jersey location serves clients facing charges at Salem County courts. We represent individuals in communities including Salem, Pennsville, Carneys Point, Woodstown, Pilesgrove, Alloway, Quinton, and Elsinboro. Our office is accessible via I-295, Route 45, Route 49, and Route 40.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 200-6646
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between extortion and bribery?
It depends on the direction of the exchange. Bribery involves offering something of value to a public official to influence an official act. Extortion under color of official right involves a public official demanding or receiving something of value by exploiting their office, under the victim’s reasonable belief that they must comply due to the official’s power.
Can I be charged under both federal and New Jersey state law for the same act?
Yes. The Double Jeopardy Clause typically prohibits dual prosecutions for the same offense by the same sovereign. However, federal and state governments are considered separate sovereigns. Therefore, you can potentially face separate prosecutions from the U.S. Department of Justice and the New Jersey Attorney General’s Office for conduct arising from the same facts.
What are common defenses to extortion under color of official right?
Common defenses include lack of intent to commit extortion, absence of a quid pro quo, entrapment by law enforcement, that the payment was a lawful gift or campaign contribution, and challenging whether the defendant’s actions were truly “under color of official right.” An experienced extortion charge defense lawyer Salem County can evaluate which defenses apply to your case.
How does an extortion under color of official right charge differ from blackmail?
Blackmail generally involves a threat to reveal damaging information unless payment is made, and it can be committed by anyone. Extortion under color of official right is specific to public officials (or those pretending to be) who use their actual or purported government authority as the implicit threat. A blackmail defense lawyer Salem County can address charges under N.J.S.A. 2C:20-5 (Theft by Extortion), which covers both classic blackmail and other extortionate threats.
What should I do if I am under investigation for this crime?
Immediately exercise your right to remain silent and contact an attorney. Do not speak to investigators, FBI agents, or prosecutors without your lawyer present. An attorney can communicate on your behalf, investigate the allegations, and work to protect your rights from the earliest stage, which is often critical in federal cases.
Related Legal Information
If you are facing related charges, you may need a federal criminal lawyer in Salem County. For broader context on our firm’s criminal defense practice, visit our New Jersey criminal defense hub page. We also assist clients in neighboring areas like Camden County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an extortion under color of official right charge.