how can the state attorney general file charges

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Full Answer

When does the state Attorney General become involved in a case?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

What is an attorneys general and what do they do?

Apr 14, 2022 · If you have been the victim of a felony crime and a suspect was arrested, you will be contacted by the prosecuting attorney. If the suspect was not arrested, but is known, the responding officer must come to the State Attorney’s Office to pursue criminal charges. Only sworn law enforcement officers can file felony charges.

What is the best way to file a charge?

Apr 16, 2018 · Once you file a charging document, you cannot reduce charges, you cannot substitute charges without going through the felony supervisor. Amazingly, all 20 state attorneys who run a state attorney’s office in a particular judicial circuit happened to be politicians.

Can the Office of the Attorney General provide legal advice?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Does the US Attorney General prosecute?

The Attorney General of California is the chief law officer of California and the state's primary legal counsel. The attorney general "[sees] that the laws of the State are uniformly and adequately enforced" and prosecutes violations of state law through the California Department of Justice, which he or she oversees.

Can the New York Attorney General prosecute?

The Criminal Prosecution Bureau has attorneys located throughout the State of New York and is responsible for the investigation and prosecution of a wide variety of criminal cases brought by the Attorney General. The Attorney General's authority to prosecute crimes is found throughout the laws of New York State.

How do I file criminal charges in Texas?

Please contact your local law enforcement agency (Sheriff, Police,) to file charges. Your local County or District Attorney has the jurisdiction to prosecute criminal charges. I would like to file a complaint against a prosecutor for misconduct; does your office handle that?

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.Nov 12, 2019

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Who does the attorney general of New York report to?

The attorney general acts independently of the governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

How much does the New York attorney general make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80010 more rows

What are the 3 main job duties of the NYS attorney general?

Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

How long does the district attorney have to file charges in Texas?

If Amy is not in jail, then generally, the prosecutor has up to 2 years from the date of the offense to file misdemeanor charges. Otherwise the case is dismissed and can never be prosecuted. In a felony case, depending upon the specific offense, the prosecutor may have up to 5, 7, or 10 years to file charges.

How long does the DA have to file felony charges in Texas?

In Dallas, agencies have 72 hours after arrest to file their case with the D.A.'s office. An individual who has not made bond prior to the 72 hours will be released if the agency has not filed their case. In other jurisdictions, the police agency may have much more time to file a case.

What happens if you are arrested for a felony?

If you have been the victim of a felony crime and a suspect was arrested, you will be contacted by the prosecuting attorney. If the suspect was not arrested, but is known, the responding officer must come to the State Attorney’s Office to pursue criminal charges. Only sworn law enforcement officers can file felony charges.

What is a criminal complaint?

Filing a Criminal Complaint. A local law enforcement officer should always be contacted when a crime has been committed. Law enforcement officers are first responders who are specially trained to enforce the law, maintain order, and protect citizens.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

What is a Commonwealth's Attorney?

States that refer to themselves as commonwealths, such as Virginia and Kentucky, refer to them as Commonwealth's Attorneys [source: Commonwealth's Attorneys Services Council ]. State's Attorneys generally represent a defined geographic area, such as a county, judicial district or judicial circuit. These generally hold the title ...

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

What happens before a trial?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

What is the role of the Attorney General of California?

The Attorney General's role in legislative matters is limited to making recommendations to the California Legislature regarding needed changes in law and to enforcing the laws the Legislature enacts. You may wish to share your concerns with your representatives in the California Legislature.

How to complain about a California attorney?

Your complaint about a California attorney should be directed to the State Bar. You may contact the Bar as follows: Telephone: (213) 765-1000 (outside of CA) or (800) 843-9053 (toll free) Your complaint about a California judge should be directed to the Commission on Judicial Performance.

What is the Commission on Judicial Performance?

The Commission on Judicial Performance is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges. You may contact the Commission as follows: Commission on Judicial Performance. 455 Golden Gate Avenue, Suite 14400.

When can a court award reasonable attorney fees?

The court may award court costs and reasonable attorney fees when it determines that violations of the Brown Act have occurred. (Government Code section 54960.5.) For additional information, please see our guide The Brown Act, Open Meetings for Local Legislative Bodies.

Where to report improper government activity in California?

If you wish to report alleged improper governmental activity by a state employee or agency, please contact the Bureau of State Audits. This agency may be contacted as follows: Investigations Division. California State Auditor's Office. P.O. Box 1019.

Which state agency has the authority to adjudicate wage claims and enforce labor laws?

The state agency with the authority to adjudicate wage claims and enforce labor laws is the Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). Examples of possible wage claims include the nonpayment of wages, overtime, or vacation.

Who has the authority to prepare an opinion?

Under Government Code section 12519, the Attorney General's Office has statutory authority to prepare an opinion only for designated public officials on questions of law relating to their respective offices. Those officials include constitutional officers, state legislators, state agencies, district attorneys, prosecuting city attorneys, ...

Steven Douglas Knittle

It would depend on the exact charge since we are dealing with the statue of limitations. If you were not arrested then there is not a speedy trial concern.

Corey Ira Cohen

There is no time limitation. Having a lawyer on your side at this point is critical. Is it important to you to do everything you can to avoid being charged with such a serious crime? Of course. You need to hire a lawyer. A good lawyer can find out what is going on and manage the situation to the point that you may not get charged.

Mark Nickolas Longwell

I hope you have a lawyer already. Mr. Damore is absolutely correct. You shared too much info on this public forum. Please consult with someone if you have not already done so. You may call our office at 4072283838 if you would like to discuss if you are not represented.

William David Umansky

Please tell us you have already retained counsel.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

How long does it take to get a person released from jail in Florida?

Rule 3.134 of the Florida Rules of Criminal Procedure states that if the State of Florida has not filed formal charges within 30 days, the court shall order the release of the Defendant on the 33rd day unless the State has shown good cause why it should not have 40 days to file formal charges.

How long does it take to get a fiance out of jail in Florida?

Rule 3.134 of the Florida Rules of Criminal Procedure states that if the State of Florida has not filed formal charges within 30 days, the court shall order the release of the Defendant on the 33rd day unless the State has shown good cause why it should not have 40 days to file formal charges. It can be very difficult for the State to show good cause. If your fiancee is incarcerated and formal charges have not been filed then...