attorney for the state, who tries to convict the defendant

by Jordon Ankunding 8 min read

Who files the charges against the defendant?

The prosecutorThe prosecutor decides whether to charge the crime as a felony or a misdemeanor. The prosecutor can file charges on all of the crimes for which the police arrested the defendant or can decide to file fewer charges or more charges than were included in the arrest report. 3.

What kind of lawyer defends the guilty?

criminal defense lawyerThe job of a criminal defense lawyer is to defend you against the charges that are presented. When charges are brought, there only has to be "probable cause" that you might have committed the crime.

What does the US attorney general investigate?

The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.

Who determines if a defendant is guilty of a crime?

After being charged, the jury deliberates, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judge and lawyers.

What does a defense attorney do?

A criminal defence attorney is responsible for putting together an effective defence and developing a winning strategy for their clients. As the accused's advocate and drafter, he must prepare, file, and argue on their behalf. Negotiating a plea bargain with the prosecution is part of a lawyer's job description.

What is the difference between defense attorneys and prosecutors?

The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend their client against criminal charges. The client is innocent until proven guilty.

What powers does the US Attorney General have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What does a US district attorney do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

What level of evidence is necessary to find a person guilty in a criminal trial?

"Beyond a reasonable doubt" is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. (In re Winship, 397 U.S. 358, 364 (1970).)

What are the 13 steps of the criminal justice process?

Terms in this set (13)investigation. ... Arrest. ... Booking. ... Charging. ... Initial appearance. ... preliminary hearing/ grand jury. ... Indictment/ information. ... Arraignment.More items...

What are the 5 stages of the criminal justice system?

The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.