how does the attorney general decide what cases to bring to court

How often does the Attorney General appear in court?

Jul 28, 2017 · How Does the Division Decide What Cases to Bring? Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation. If the section chief approves the investigation, the chief assigns one or ...

How does a Prosecutor decide to charge a case?

Apr 24, 2016 · More than half of those employees work on criminal cases. The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney …

How does the Court of Appeals decide a case?

At this point, the defendant’s attorney may ask for a judgment of acquittal. This means that the attorney is asking the court to decide the case in the defendant’s favor because the prosecuting attorney did not present enough evidence to prove the case against the defendant.

How does the Supreme Court decide a case?

Jun 25, 2014 · The Attorney General may (1) require the filing of documents under oath; (2) examine merchandise, books, records, and accounts; (3) impound records pursuant to court order; (4) issue subpoenas; (5 ...

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

What does the US attorney general investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

When the accused has a reason that shows how he could not have committed the particular crime it is called what?

A mens rea​ refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime. See, e.g. Staples v. United States, 511 US 600 (1994). Establishing the mens rea of an offender is usually necessary to prove guilt in a criminal trial.

What are the duties and responsibilities of the attorney general of New York state?

In fulfilling the duties of the State's chief legal counsel, the Attorney General not only advises the Executive branch of State government, but also defends actions and proceedings on behalf of the State. The Attorney General serves all New Yorkers in numerous matters affecting their daily lives.

What are the duties and responsibilities of the attorney general?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

How do I know if the FBI is investigating me?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

How do you prove something knowingly?

The government may prove that a false statement was made "knowingly and willfully" by offering evidence that defendants acted deliberately and with knowledge that the representation was false. See United States v. Hopkins, 916 F.Jan 21, 2020

Can you commit a crime without intent?

An intent to commit a crime is a common element of a criminal offense. ... Others only require a general intent. Finally, some criminal offenses do not require intent at all. These are strict liability crimes.Jun 15, 2021

What would the persons bringing the case ask for?

Defendant. What would the persons bringing the case ask for? Money.

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).

Does NYS have a court system?

New York State has eleven different trial courts: the Supreme Court, which has justices sitting in all 62 counties; the Court of Claims, which sits statewide; Surrogate's Courts in each county; County Courts in each county outside New York City; Family Courts in New York City and in each of the 57 counties outside the ...

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$120,80011 more rows

How can the solicitor general impact which cases are heard by the Supreme Court?

The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court. ... Moreover, the Solicitor General determines whether the government will participate as an amicus curiae, or intervene, in cases in any appellate court.May 24, 2021

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).

What is it called when you are ordered to court?

A Subpoena is a court order. You can use a Subpoena to require a person to come to court, go to a deposition , or give documents or evidence to you.

What are the ethical duties of a prosecutor?

The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.

What steps does the Supreme Court take in selecting hearing and deciding cases?

How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

How many judges must agree to hear your case?

fourThe Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.

What are the duties and responsibilities of the attorney general of New York State?

In fulfilling the duties of the State's chief legal counsel, the Attorney General not only advises the Executive branch of State government, but also defends actions and proceedings on behalf of the State. The Attorney General serves all New Yorkers in numerous matters affecting their daily lives.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

What are the duties and responsibilities of the attorney general?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

How many hearings can a case have?

A bench in the High Court of Karnataka hears matters for five and a half hours approximately between 10:30 to 13:30 and 14:30 to 17:00. This means that a bench has about 330 minutes per day to hear matters presented before it; therefore if one were to hear each case for five minutes, a bench can hear 66 cases per day.Mar 29, 2019

What do you say in court when you disagree?

Objection. Objection to the form, your Honor. Objection, your Honor, leading.

What type of evidence must always be turned over by the prosecutor?

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? Exculpatory evidence is any evidence that may be favorable to the defendant.

When a prosecutor decides to drop a case this is called?

Nolle Prosequi. The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.

Who bears the burden of proof?

the plaintiffIn civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

What is the Roe v Wade ruling?

This was the 1992 landmark abortion ruling that upheld the basic tenet of Roe v. Wade that a woman has the right to an abortion. It established a new “undue burden” test, which struck down part of the Pennsylvania law which required wives to notify their husbands before getting an abortion.

What is an example of public corruption?

An example of a prominent public corruption case the AG’s office was involved in was last year’s discovery that former Harrisburg Mayor Stephen Reed bought thousands of historical artifacts with millions of taxpayer dollars.

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

Who is the chairman of the Montgomery County Board of Commissioners?

Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.

Who is Joe Peters?

Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.

How does a case move through the court system?

How a Case Moves Through the Court System. In the case outlines that follow, each party is represented by an attorney. But this often is not the case, especially in limited jurisdiction courts. People may represent themselves in court without an attorney as long as they follow court rules. They often are called pro per, pro se, or self-represented ...

What does it mean when a defendant's attorney asks for a judgment of acquittal?

This means that the attorney is asking the court to decide the case in the defendant’s favor because the prosecuting attorney did not present enough evidence to prove the case against the defendant.

What is the difference between arraignment and trial?

2. Arraignment – The defendant appears in court to enter a plea of guilty or not guilty. Many limited jurisdiction courts combine the initial appearance and the arraignment. 3. Trial – If the defendant pleads not guilty, a trial is held.

What is a complaint filed with the clerk of the court?

1.The plaintiff files a document (a complaint or a petition) with the clerk of the court stating the reasons why the plaintiff is suing the defendant and what action the plaintiff wants the court to take. 2.The plaintiff must state whether the case is eligible for arbitration according to court rule.

What happens if a jury is found not guilty?

The court then enters a judgment based on the verdict, and the jury is released from service. If found not guilty, the defendant is released immediately. If the defendant is found guilty, a date is set for sentencing. The defendant may be held in custody or remain on release status until sentencing.

What is the purpose of jury deliberations?

Jury Deliberations – The jury goes to a special jury room and elects a foreman to lead the discussion. Jurors must consider all of the evidence presented, review the facts of the case, and reach a verdict. When the jury makes its decision, the court is called back into session.

What is the process of a criminal case in limited jurisdiction?

Case Processing in Limited Jurisdiction Courts. Limited jurisdiction courts usually process criminal cases as follows: 1. Initial Appearance – This is the defendant’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. 2.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the role of the Attorney General of Illinois?

In Illinois, and across the nation, the Attorneys General serve as the law firm to the states. These offices has separate sections or divisions that focus on a particular area of law such as antitrust, Medicaid, consumer protection, and criminal law. Knowing the investigative powers of Attorneys General, and how to respond in the event of an investigation can ensure that minor regulatory issues do not grow into major problems. Should an investigation arise, the tension and balance is to achieve full cooperation while protecting privileges.

What is the Consumer Fraud Act of Illinois?

The Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1, et seq ., grants the Attorney General authority to enjoin a variety of consumer abuses such as fraud , deception, and misrepresentation. As with many state consumer statutes, the Consumer Fraud Act was patterned on Section 5 (a) of the Federal Trade Commission Act, 15 U.S.C. §41, et seq ., and in interpreting the Consumer Fraud Act “consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.” 815 ILCS 505/2. Based on the incorporation of this language, the Consumer Fraud Act is often referred to as a “mini-FTC act.”

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

What is AVC in law?

An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

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 ).

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.

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.

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.

Why is it important to contact an attorney immediately?

If you plan to sue, or if you are sued, it is important to contact an attorney immediately, because the clock is running. An experienced litigation attorney will know whether the case should be heard in state court or federal court based upon legal, practical, and strategic considerations.

How to effectuate removal to federal court?

To properly effectuate removal to federal court, the defendant must file a “notice of removal” with both the state and federal court that sets forth the basis for federal court jurisdiction, and must provide a copy of the notice of removal to the plaintiff. If there is more than one defendant, all defendants who have been served with ...

What are the three statutes of jurisdiction?

In civil cases, the three main statutes are 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1332 (diversity of citizenship jurisdiction), and 28 U.S.C. § 1367 (supplemental jurisdiction over state law claims). Although not discussed herein, it should be noted that there are numerous other federal statutes that confer federal ...

What is forum defendant rule?

For example, if a corporation from Alabama sues a person from New York in New York state court for $100,000, the defendant may not remove the case to federal court because he is a citizen of New York. However, courts have held that if the local defendant removes the case to federal court ...

What is the federal question jurisdiction?

§ 1331 states, “The [federal] district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”. Therefore, generally, if a lawsuit is based upon a federal statute then it can be heard in federal court.

What is supplemental jurisdiction?

Supplemental Jurisdiction. Pursuant to 28 U.S.C. § 1367, where a federal court has jurisdiction over a case, it can also entertain additional claims based solely on state law, albeit with some exceptions. Those exceptions include, but are not limited to, where the state law claim raises a novel or complex issue of state law, ...

Can a state court case be removed?

Removal and Remand. If a case is filed in state court, a defendant can move the case to federal court under certain circumstances. This is called “removal” and is governed by 28 U.S.C. § 1441 . A case can be removed by the defendant if there is a basis for federal jurisdiction as explained above. To properly effectuate removal to federal court, ...

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.

How to get your property back in a detinue case?

Ask the Clerk’s office of the General District Court that heard your case for the “Writs of Possession and Fieri Facias in Detinue.” You will have to complete it and ask the Sheriff’s office to get your property back for you. There is a fee to file this.

What happens if you are in jail?

If a party is jailed, court papers still can be served on the party in the usual ways. However, if a party is jailed, under the age of 18, in a mental hospital, or legally not competent, another step is needed. An order or judgment can’t be entered unless the court appoints an attorney for that party. This attorney is called a Guardian Ad Litem. The guardian ad litem’s fees usually have to be paid by the person filing the case.

What is a judgment for money?

judgment for money simply is a piece of paper at the courthouse that says someone owes you a certain sum of money. This lets you use legal actions to collect the judgment. You may ask the court for these things to help collect a judgment:

What is the form DC-410?

If a party can’t be found but lives in Virginia, you can use the “Affidavit for Service of Process on the Secretary of the Commonwealth.” This also is called “Form DC-410.” The Affidavit asks for this information: