does a states attorney look at past records when making decisions

What do prosecutors look at when reviewing past criminal records?

Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record, in deciding whether and what to charge.

How does a state attorney work in the US?

How a State's Attorney Works. A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people. Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels.

What happens to the records when a civil case is settled?

When a civil case is settled, that fact is usually apparent from the public record. However, the terms of settlement and any discovery records may remain confidential.

Where can I find information on a judge’s time to rule?

Litigation Analytics on Westlaw Edge provides the most insight on a judge’s time to rule, outcomes, and more. Why is it important to have relevant information on judge? It is important to know the judge’s background on a case so that you can use your time as effectively, both in court and while you are preparing for a case.

What is a lawyer's track record?

A lawyer’s track record is a clear indicator of how good an attorney is at their job. That’s why it’s so important to look at your lawyer’s track record before you get one for the job. However, not everyone knows how to do so. Here’s how to research an attorney track record before you sign any retainer agreement and get trusted personal attorney.

Does the state bar have disciplinary information?

The state bar association also has plenty of information on any attorney discipline. Each state bar will have a disciplinary organization, where you can find information on lawyers’ conduct. That’s because the state bar associations keep up-to-date and accurate records on any ethical violations by their lawyers.

Does Google bring you information about a lawyer?

Google will bring you all the relevant information about the lawyer. This includes any news stories, online reviews, or publications relating to the lawyer and , most importantly , the attorney track record. The downside to Googling your lawyer is that it might take you a while before you actually find any relevant information.

Do you have to do homework to win a court case?

Your chances of winning or losing a court case majorly depend on your attorney. As such, it is imperative to do your homework on any lawyer you settle for to handle your case. We know how frustrating it can be to get the right lawyer for your case.

What is the Prosecutor's decision?

The Prosecutor's Decision: Using the Police Report. Typically, prosecutors base their initial charging decisions on the documents sent to them by the arresting police officers (usually called police or arrest reports ).

What is an arrest report?

Arrest reports summarize the events leading up to arrests and provide numerous other details, such as dates, time, location, weather conditions, and witnesses' names and addresses. Arrest reports are almost always one-sided.

Why do prosecutor files shoplifting charges?

For example, a prosecutor may file charges on every shoplifting case, no matter how weak, to curry favor with local store owners who want to get the word out that shoplifters will be prosecuted. For similar reasons, a prosecutor may pursue otherwise weak prostitution charges to avoid alienating powerful civic groups.

Can a prosecutor file charges against a suspect?

Prosecutors can file charges on all crimes for which the police arrested a suspect, can file charges that are more or less severe than the charges leveled by the police, or can decide not to file any charges at all. ( U.S. v. Batchelder, U.S. Sup. Ct. 1979.)

Can a police officer file charges based on probable cause?

Police officers usually make arrests based only on whether they have good reason ( probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Prosecutors can also take a broader perspective.

Online Access

Most documents in federal courts – appellate, district, and bankruptcy – are filed electronically, using a system called Case Management/Electronic Case Files (CM/ECF). The media and public may view most filings found in this system via the Public Access to Court Electronic Records service, better known as PACER.

Older Documents

Most documents and docket sheets for cases that opened before 1999 are in paper format and therefore may not be available online.

User Fees

User fees are charged to access documents in PACER, and the current fee structure is available at Electronic Public Access Fee Schedule. Fees are billed quarterly, and all fees are waived if the bill does not exceed a specified limit in a billing quarter.

Sealed Documents and Closed Hearings

Some documents are not ordinarily available to the public.

What is not included in judicial administrative records?

The term "judicial administrative record" does not include records of a personal nature that are not used in or do not relate to the people's business, such as personal notes, memoranda, electronic mail, calendar entries and records of Internet use.

What is a docket in the state bar?

Dockets for State Bar Court cases are available online. A docket is a summary, list or index of the proceedings or events in a case. It may also include court documents. To search for a docket, you will need the case number or attorney name. For cases filed on or after Feb. 7, 2019, documents are available online.

What is the California Rules of Court?

Effective January 1, 2018, access to judicial administrative records maintained by the State Bar Court is governed by rule 10.500 of the California Rules of Court. Rule 10.500 sets forth comprehensive public access provisions applicable to these records.

When are documents available for closed cases?

For cases in open status on Feb. 7, 2019, documents are being added online as events occur. For cases closed prior to Feb. 7, 2019, some documents are available on the attorney's profile page on the State Bar website , or on the public docket. Additional documents for closed cases are available upon written request (see instructions below.)

Where to mail $25 to state bar?

Please make your check or money order for $25 payable to the State Bar of California. Mail written requests and your check/money order for $25 to: State Bar Court. Discipline Copies. 845 South Figueroa Street. Los Angeles, California 90017-2515. Please call 213-765-1400 if you have any questions.

What is judicial writing?

any writing containing information relating to the conduct of the people's business that is prepared, owned, used, or retained by a judicial branch entity regardless of the writing's physical form or characteristics, except an adjudicative record.

What is the best way for an attorney to ensure that they are relying on arguments that reflect the true nature of

legal cases by particular judge or entity. The best way for an attorney to ensure that they are relying on arguments that reflect the true nature of the law is to use KeyCite on Westlaw and Westlaw Edge.

Why is it important to know the background of a judge?

It is important to know the judge’s background on a case so that you can use your time as effectively, both in court and while you are preparing for a case. If a judge has been involved in similar cases, you can provide a brief summary rather than providing extensive background information and spend more time on your argument.

How to search for a trial court order?

1. Click into either Cases or Trial Court Orders from the Westlaw or Westlaw Edge homepage. Then select the Advanced link to the right of the search bar to go to the template. 2.

Who determines if a case will be brought in federal court?

In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.

Who to contact to file a motion in court?

If you have any questions regarding the status of the case or how to properly file your motion you should contact the Clerk of the Court who will be able to advise you on the proper procedures.

What is a Rule 35 B motion?

The United States Attorney has exclusive jurisdiction to file a Rule 35 (b) motion for downward departure of a sentence based upon, but not limited to, such factors as the defendant providing substantial assistance, his or her criminal conduct in the instant case, and the defendant's role in the alleged offense.

Why are federal prosecutions declined?

As a general matter, federal prosecutions may be declined for a variety of reasons including, but not limited to, situations in which a person is subject to prosecution in another jurisdiction or another adequate alternative to prosecution is available. Show.

Do state prisons fall under the jurisdiction of the Department of Justice?

State prisons do not fall under the jurisdiction of the U.S. Department of Justice. Inquiries regarding prison conditions, conflicts with inmates or officials, or other complaints should be directed to the appropriate local or state office which oversees your state’s prisons.

Why is it important to have a good record during a deposition?

Oftentimes a witness becomes unavailable for a myriad of reasons. If this happens, counsel are forced to rely on the record they created during the deposition.

What does "let the record show" mean?

The simple phrase “let the record show” or its equivalent should be used to clarify every important gesture that witnesses make. By doing so, you can convert otherwise meaningless testimony into a coherent account. Such answers with gestures as “over to about there,” “about that long,” “he had a bruise here about that big and another one here not quite as large,” or “that man sitting there” become meaningless when read. Reporters may be able to describe some gestures, but they cannot draw conclusions from them. It is up to you or the judge to clarify the record.

How do reporters use technology?

Reporters apply modern technology through computer aided transcription, commonly referred to as CAT. Using a computerized steno machine, reporters make a digital record of the keystrokes on a computer disk or an internal memory unit. After the proceeding ends, these digitized notes are loaded into a computer, which translates them into text. The text is checked for untranslates (which appear as stenotype notes on the computer screen), corrected, and printed out. Proofreading, checking of citations, and other verification procedures continue to be part of the reporter’s responsibility. Most CAT systems can produce a translation from stenotype notes almost instantaneously. This is called realtime translation. Realtime is provided by specialized reporters in a variety of environments. Captioners have provided this service for many years to assist people who are deaf and hard of hearing in the form of closed captions on television broadcasts. Communication Access Realtime Translation (CART) is provided in settings such as schools, offices, churches, and theaters, to assist in communication for people who are deaf and hard of hearing. Many court reporters or Certified Realtime Reporters provide realtime services to the bench and bar in courtroom or deposition proceedings to allow for instant access to the record to assist in rulings, cross-examination of a witness by counsel, and record clarification. Besides providing greater access to the justice system, the computerized transcript affords the court and attorneys the ability to search the transcript automatically for keywords and phrases, thus greatly enhancing the ability to cross-check witnesses’ testimony for inconsistencies. The computer-aided transcript can be telecommunicated from one site to another, it can be entered into a database for use in litigation support, and it can be synchronized with contemporaneous videotape or digital audiotape. Finally, the data collected by the reporter in the course of reporting a proceeding can be fed into a courtwide computer system to aid in the management of courthouse records.

Why do we need a computerized transcript?

Besides providing greater access to the justice system, the computerized transcript affords the court and attorneys the ability to search the transcript automatically for keywords and phrases, thus greatly enhancing the ability to cross-check witnesses’ testimony for inconsistencies.

Why is a reporter's transcript important?

Making the Record. The reporter’s transcript is an important document before, during, and after a trial. The transcript and its electronic version are used for trial preparation, briefs, impeachment purposes, and, of course, for appellate review. Property, freedom, and life all can depend on a clear and accurate record.

What is the duty of a reporter?

The reporter’s duty is to prepare a full and accurate record of proceedings. In most jurisdictions, only when all counsel agree will the reporter stop writing. At this point, the reporter will indicate in the transcript, “ (discussion held off the record.).”.

How many words per minute for court reporter?

For example, NCRA’s Registered Professional Reporter exam includes three dictations of five minutes each at 180, 200, and 225 words per minute. That’s a rate of three to almost four words per second every second for five solid minutes.

Online Access

• Most documents in federal courts – appellate, district, and bankruptcy – are filed electronically, using a system called Case Management/Electronic Case Files (CM/ECF). The media and public may view most filings found in this system via the Public Access to Court Electronic Records service, better known as PACER. Reporters who cover courts should c...

See more on uscourts.gov

Older Documents

User Fees

Sealed Documents and Closed Hearings