how long does a prosecutor attorney have to research

Depends. I can slam out a motion in five hours or thirty hours. Researching and writing could only take a few hours if I'm familiar with the law and just need cites, or thirty hours if I'm trying to find a case on point for a novel issue that we absolutely need to win.

Full Answer

How long can the prosecution wait to bring you to trial?

Jan 15, 2020 · All states have a disciplinary organization that closely monitors attorneys. If a complaint is made against an attorney, the state's organization will investigate the claim and determine whether or not the attorney has violated any ethical rules. If so, the organization will discipline the attorney as appropriate.

What kind of information can the prosecutor get from the police?

Apr 27, 2013 · At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. The Prosecuting Attorney must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record.

What does a prosecutor should not do in a case?

Nov 30, 2018 · Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensuring that the accused has an effective defense, but also to ensure that the prosecutor does not violate the applicable statute of limitation. Recently, a Texas man, arrested on a narcotics charge in 2012, was matched with DNA evidence linking ...

When should a prosecutor seek or file criminal charges?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-05_10-14-50. Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and.

What are the ethical obligations 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 is it called when the prosecutor withholds evidence?

Prosecutors must disclose all evidence to the defense as early as possible. Prosecutors must not suppress, withhold, or otherwise avoid exculpatory evidence. (Exculpatory evidence is evidence which aids the defendant, while evidence that points toward guilt is called inculpatory evidence.)

What is the Giglio rule?

A Giglio letter is a document written by a prosecutor when he or she finds out about a law enforcement officer who may not be credible on the stand. With this documented lack of credibility, the law enforcement officer is very unlikely to be used as a witness in a trial.Jun 7, 2021

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What is Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

Why would a prosecutor withhold evidence that would exonerate an accused?

A prosecutor who withholds evidence that may help the defense, or, in some cases, even exonerate the defendant, not only thwarts justice but violates his or her duty to the citizens (People of the State of California) a prosecutor is sworn to represent.Nov 16, 2017

What is a Brady letter?

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

What is jinx material?

Jencks material is evidence that is used in the course of a federal criminal prosecution in the United States. It usually consists of documents relied upon by government witnesses who testify at trial. The material is described as inculpatory, favoring the United States government's prosecution of a criminal defendant.

What is exculpatory evidence?

Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.Jul 30, 2020

When must Brady evidence be disclosed?

Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).

What is the most important factor in deciding whether to prosecute?

The most important factor in deciding whether to prosecute is: if there is sufficient evidence for conviction.

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdiction?

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.

Can Prosecutors Spring Evidence on Defendants Like They Do on TV?

No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...

Are Discovery Rules Really Intended to Help Defendants at Trial?

Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...

Does Discovery Mean That The Prosecution Has to Reveal Its Case Strategy?

No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...

Is There A Particular Period of Time Prior to Trial When The Defense Issupposed to Engage in Discovery?

Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....

James Regan

If you need someone to talk to call National Sexual Assault Hotline - 1.800.656.HOPE.#N#You can also call the prosecutor's office and ask for the victim advocates:...

Joshua Sachs

Would you prefer that they rush in before they are prepared and maybe blow the case?

Harry Edward Hudson Jr

The process for a criminl prosecution, in general terms is: the cops get involved in some manner, arrest or just fiel a report , the prosecutor eventually reads the report (s) and decides if charges are to be filed and against whom. Please note that howhere in that scenario did the "victim" ever "press charges".

Why is it important to retain an attorney?

Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensuring that the accused has an effective defense, but also to ensure that the prosecutor does not violate the applicable statute of limitation.

What is the statute of limitations?

Generally, statutes of limitations are laws which set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

What are the statutes of limitations in California?

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically the general limits on filing criminal charges are: 1 Felonies punishable by imprisonment for eight years or more – six years after commission of the crime; 2 Other felonies– three years; and 3 Misdemeanors – one year.

Is a wobbler a felony?

Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime which the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one year statute of limitation, while one charged as a felony would be ...

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

What is Vy Tummin charged with?

Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

When should a prosecutor file a criminal charge?

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

What should the prosecutor do after charges are filed?

(a) After charges are filed if not before, the prosecutor should diligently seek to identify all information in the possession of the prosecution or its agents that tends to negate the guilt of the accused, mitigate the offense charged, impeach the government’s witnesses or evidence, or reduce the likely punishment of the accused if convicted.

What is the role of a prosecutor?

The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.

Who is responsible for a criminal complaint?

(a) While the decision to arrest is often the responsibility of law enforcement personnel, the decision to institute formal criminal proceedings is the responsibility of the prosecutor. Where the law permits a law enforcement officer or other person to initiate proceedings by complaining directly to a judicial officer or the grand jury, the complainant should be required to present the complaint for prior review by the prosecutor, and the prosecutor ’s recommendation regarding the complaint should be communicated to the judicial officer or grand jury.

What are the steps to make a clear record for potential review?

Such steps may include: filing motions including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence.

When criminal charges are dismissed on the prosecution’s motion, including by plea of nolle prosequi or its

When criminal charges are dismissed on the prosecution’s motion, including by plea of nolle prosequi or its equivalent, the prosecutor should make and retain an appropriate record of the reasons for the dismissal, and indicate on the record whether the dismissal was with or without prejudice.

Who should have final control over the scheduling of court appearances, hearings and trials in criminal matters?

Final control over the scheduling of court appearances, hearings and trials in criminal matters should rest with the court rather than the parties. When the prosecutor is aware of facts that would affect scheduling, the prosecutor should advise the court and, if the facts are case-specific, defense counsel.

How long do you have to wait to go to trial?

The problem is that there is no hard-and-fast rule for how long the prosecution can wait to bring you to trial. For misdemeanor cases, a wait of one (1) or more year after you are arrested or a complaint is filed is an important milestone.

What is the right to a speedy trial in California?

You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion (aka a speedy trial motion) asking the judge to dismiss the charges.

Is prostitution legal in Nevada?

Counties where prostitution is legal in Nevada. You have the right to a speedy trial in your criminal case under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. If this right is violated, you and your attorney can file a Serna motion ...

Dennis M. Abrams

It really depends on the complexity of the case and the amount of medical records. Send a quick email or make a call to the lawyer and ask for how long s/he thinks it will take to complete the review.

Peter J Bartinik

Your lawyer will have to determine what evidence will be required to successfully pursue your case. It is not just the medical records that are important. He will have to engage experts that will have to support necessary elements of a malpractice action.

David Ian Schoen

The time can vary greatly. AS long as there is good communication between you, that is OK

James E. Girards

I have been doing medical malpractice cases for over 20 years. In my experience in what might be described as a typical malpractice case it takes about 100 days to get through the review process. In a birth injury case or any other particularly complex situation it can take much longer.

Jason Todd Studinski

Ask the lawyer directly. The answer can vary from lawyer to lawyer and from case to case. If you are dealing with a potential medical malpractice case it can take a while because typically the lawyer is consulting with at least one expert to review the case to determine whether it has merit. I hope this helps. Good luck.