Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.
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.
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.
A case begins with law enforcement officials, who investigate a crime and gather evidence to identify and use against the presumed perpetrator. The case continues with the court system, which weighs the evidence to determine if the defendant is guilty beyond a reasonable doubt.
It's worth noting that not all criminal charges go to trial. Indeed, many charges are dropped prior to trial during negotiations between prosecutors and defense lawyers. But it is only the prosecutor who can drop such charges.
Charges also can be dismissed even if the case has gone to trial and the defendant has lost. A convicted defendant who wins an appeal can sometimes secure an order from the appellate court that the lower court (the trial court) dismiss the case or enter a judgment of acquittal rather than retry the case.
The functions of the State Attorney is as follows: The drafting and managing of contracts on behalf of the State. The handling of criminal and civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties.
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.
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.
The State Court System State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.
Institution of suit: ... Issue and service of summons. ... Appearance of Defendant. ... Written Statement, set-off and claims by defendant. ... Replication/Rejoinder by Plaintiff. ... Examination of parties by Court. ... Framing of Issues. ... Evidence and Cross-Examination of plaintiff.More items...
The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.