Is a power of Attorney accepted in all states?
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law …
What are the powers and responsibilities of a US Attorney?
Jan 03, 2019 · A power of attorney is someone involved in your estate administration and planning process. While planning for your estate, you can name a power of attorney. This …
How many states have an elected Attorney General?
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 …
What does a state's attorney do?
THE STATE ATTORNEY-GENERAL 359 of the federal government. Since the local county or prosecuting attorney prosecutes criminal offenders in his locality and the attorney-general of …
Who is higher than the states attorney?
The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.
How much power does a U.S. attorney have?
Each U.S. attorney is the chief federal law enforcement officer within his or her particular jurisdiction, acting under the guidance of the United States Attorneys' Manual. They supervise district offices with as many as 350 assistant U.S. attorneys (AUSAs) and as many as 350 support personnel.
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.
Who has the most power in the courtroom?
the prosecutor
But the most powerful official in the criminal justice system who makes the most critical decisions that often lead to unjust results is the prosecutor. The power and discretion of prosecutors cannot be overstated.May 29, 2018
What powers does the US attorney general have?
As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.
Who is the best prosecutor in the world?
Alan Morton Dershowitz is an American attorney, political commentator, and jurist. He has spent the past fifty years practicing the law and is well recognized for handling a number of high-profile legal cases.
What does the state attorney do?
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.
Is a district attorney a lawyer?
The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.
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 ...
What is a state attorney?
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 the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals. ...
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 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.
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 a warrant for arrest?
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. Depending on the type and severity of a crime, there can be several pretrial hearings.
What is an arraignment in court?
An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.
What is the role of the United States Attorney?
The United States Attorney, as the chief federal law enforcement officer in his district, is authorized to request the appropriate federal investigative agency to investigate alleged or suspected violations of federal law. The federal investigators operate under the hierarchical supervision of their bureau or agency and consequently are not ordinarily subject to direct supervision by the United States Attorney. If the United States Attorney requests an investigation and does not receive a timely preliminary report, he may wish to consider requesting the assistance of the Criminal Division. In certain matters the United States Attorney may wish to request the formation of a team of agents representing the agencies having investigative jurisdiction of the suspected violations.
What is the purpose of the written certification of the Attorney General?
§ 2332. This certification represents a finding that the offense was intended to coerce, intimidate or retaliate against a government or civilian population. Application for this certification should be made through CTS, allowing sufficient lead time for review and transmittal to the Attorney General.
What is the Criminal Division?
The Criminal Division is interested in obtaining the benefit of any suggestions by United States Attorney or their Assistants for changes in federal statutory law, or rules, affecting criminal prosecutions. Accordingly, United States Attorneys and Assistant United States Attorneys are encouraged to develop such proposals and to forward them for initial consideration to the Office of Policy and Legislation. The suggestions for changes in rules and legislation may also be submitted concurrently to the Legislation and Public Policy Subcommittee of the Attorney General's Advisory Committee of United States Attorneys. Suggested legislative changes should be submitted concurrently to the Office of Legislative Affairs.
What is the responsibility of the Organized Crime and Gang Section of the Criminal Division?
The Organized Crime and Gang Section of the Criminal Division has the responsibility for ensuring that Organized Crime Strike Force Unit (OCSFU) cases are properly indicted and prosecuted. OCFSUs shall submit case initiation reports and prosecution memoranda and proposed indictments for approval and report significant developments to the Organized Crime and Gang Section. The Section must review and process all matters in organized crime cases that require the approval of the Assistant Attorney General of the Criminal Division or higher official, including immunities and electronic surveillance authorizations, as well as witness protection requests, plea dispositions, and appeals. Each OCFSU shall promptly advise the Section of all significant developments in a case, including the filing of indictments, significant pleadings, convictions, dismissals, acquittals, and impositions of sentences. The OCFSUs shall submit to the Section final copies of indictments as filed, daily reports on significant case developments, updated statistical data, and such other information as Section procedures require.
Who has plenary authority?
The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates.
What is the purpose of the statement of policy?
Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act (s) or transactions involved in a prior state or federal proceeding. See Rinaldi v. United States, 434 U.S. 22, 27, (1977); Petite v. United States, 361 U.S. 529 (1960). Although there is no general statutory bar to a federal prosecution where the defendant's conduct already has formed the basis for a state prosecution, Congress expressly has provided that, as to certain offenses, a state judgment of conviction or acquittal on the merits shall be a bar to any subsequent federal prosecution for the same act or acts. See 18 U.S.C. §§ 659, 660, 1992, 2101, 2117; see also 15 U.S.C. §§ 80a-36, 1282.#N#The purpose of this policy is to vindicate substantial federal interests through appropriate federal prosecutions, to protect persons charged with criminal conduct from the burdens associated with multiple prosecutions and punishments for substantially the same act (s) or transaction (s), to promote efficient utilization of Department resources, and to promote coordination and cooperation between federal and state prosecutors.#N#This policy precludes the initiation or continuation of a federal prosecution, following a prior state or federal prosecution based on substantially the same act (s) or transaction (s) unless three substantive prerequisites are satisfied: first, the matter must involve a substantial federal interest; second, the prior prosecution must have left that interest demonstrably unvindicated; and third, applying the same test that is applicable to all federal prosecutions, the government must believe that the defendant's conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact. In addition, there is a procedural prerequisite to be satisfied, that is, the prosecution must be approved by the appropriate Assistant Attorney General.#N#Satisfaction of the three substantive prerequisites does not mean that a proposed prosecution must be approved or brought. The traditional elements of federal prosecutorial discretion continue to apply. See Principles of Federal Prosecution, JM 9-27.110.#N#In order to insure the most efficient use of law enforcement resources, whenever a matter involves overlapping federal and state jurisdiction, federal prosecutors should, as soon as possible, consult with their state counterparts to determine the most appropriate single forum in which to proceed to satisfy the substantial federal and state interests involved, and, if possible, to resolve all criminal liability for the acts in question.
Who consults with the person having primary responsibility before conducting grand jury proceedings, seeking indictment, or filing an information
If primary prosecutorial responsibility for a matter has been assumed by the Criminal Division or higher authority, the United States Attorney shall consult with the persons having primary responsibility before conducting grand jury proceedings, seeking indictment, or filing an information.
What does a state attorney general do?
State attorneys general enforce both state and federal laws. Because they are sworn to uphold the United States' constitution and laws as well as the state's, they often decline to defend the state in federal lawsuits.
How long is the attorney general's term in Tennessee?
The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term.
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.
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.
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.
What authority does a governor have to issue executive orders?
The authority for governors to issue executive orders is found in state constitutions and statutes as well as case law , or is implied by the powers assigned to state chief executives. Governors use executive orders—certain of which are subject to legislative review in some states—for a variety of purposes, among them to:
What is the role of the state cabinet?
State cabinets, which serve as advisory councils to the nation’s governors, generally are made up of officials appointed by the governor to head state departments and agencies, and in some cases top-level staff in the governor’s immediate office. In most states the cabinet fulfills two functions:
What are the powers of governors?
Emergency Powers. As chief executive, governors are responsible for ensuring their state is adequately prepared for emergencies and disasters of all types and sizes. Most emergencies and disasters are handled at the local level, and few require a presidential disaster declaration or attract worldwide media attention.
What is the role of a governor in the state legislature?
Governors play two broad roles in relation to state legislatures. First, they may be empowered to call special legislative sessions, provided in most cases that the purpose and agenda for the sessions are set in advance .
How many governors have the power to veto a bill?
Veto Power. All 50 state governors have the power to veto whole legislative measures. In a large majority of states a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states.
How long does it take for a bill to become law?
In a large majority of states a bill will become law unless it is vetoed by the governor within a specified number of days, which vary among states . In a smaller number of states, bills will die (pocket veto) unless they are formally signed by the governor, also within a specified number of days.
Why do governors interact with their legislatures?
Governors interact with their legislatures to help ensure that their priorities, goals, and accomplishments are accurately presented and positively received during oversight hearings and other legislative activities that address and evaluate executive branch implementation of legislatively mandated programs and services.
What is a power of attorney?
A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf. The power may take effect immediately, or only upon ...
How long does a power of attorney last?
Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.
What is a springing power of attorney?
The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.
Can a power of attorney be revoked?
A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact.". With a valid power of attorney, your agent can take any action permitted in the document.
Can an attorney in fact make gifts?
Gifts are an important tool for many estate plans, and your attorney-in-fact can make gifts on your behalf, subject to guidelines that you set forth in your power of attorney. For example, you may wish to permit your attorney-in-fact to make "annual exclusion" gifts (up to $14,000 in value per recipient per year in 2013) on your behalf ...
Who is Michael Douglas' wife?
Assume Michael Douglas appoints his wife, Catherine Zeta-Jones, as his agent in a written power of attorney. Catherine, as agent, must sign as follows: Michael Douglas, by Catherine Zeta-Jones under POA or Catherine Zeta-Jones, attorney-in-fact for Michael Douglas. If you are ever called upon to take action as someone’s agent, ...
001 - Introduction
- The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority ...
010 - Investigations
- The United States Attorney, as the chief federal law enforcement officer in his district, is authorized to request the appropriate federal investigative agency to investigate alleged or suspected violations of federal law. The federal investigators operate under the hierarchical supervision of their bureau or agency and consequently are not ordinarily subject to direct super…
020 - Declining Prosecution
- The United States Attorney is authorized to decline prosecution in any case referred directly to him/her by an agency unless a statute provides otherwise. See JM 9-2.111. Whenever a case is closed without prosecution, the United States Attorney's files should reflect the action taken and the reason for it. [updated June 2018] [cited in JM 9-2.001]
021 - Armed Forces Enlistment as An Alternative to Federal Prosecution
- Present regulations of the Armed Services prohibit the enlistment of an individual against whom criminal or juvenile charges are pending or against whom the charges have been dismissed to facilitate the individual's enlistment. This policy is based, in part, on the premise that the individual who enlists under such conditions is not properly motivated to become an effective member of t…
022 - Pretrial Diversion as An Alternative to Federal Prosecution
- A United States Attorney may consider Pretrial Diversion as an alternative to federal criminal prosecution. Pretrial Diversion is addressed in JM 9-22.000.
030 - Authorizing Prosecution
- The United States Attorney is authorized to initiate prosecution by filing a complaint, requesting an indictment from the grand jury, and when permitted by law, by filing an information in any case which, in his or her judgment, warrants such action, other than those instances enumerated in JM 9-2.120. In arriving at a decision, the United States Attorney should consider the recommendatio…
031 - Dual and Successive Prosecution Policy
- Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution bas...
- Types of Prosecution to which This Policy Applies: This policy applies only to charging decisions; it does not apply to pre-charge investigations. Yet, where a prior prosecution has b…
- Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution bas...
- Types of Prosecution to which This Policy Applies: This policy applies only to charging decisions; it does not apply to pre-charge investigations. Yet, where a prior prosecution has been brought ba...
- Stages of Prosecution at which Policy Applies: This policy applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from...
- Substantive Prerequisites for Approval of a Prosecution Governed by this Policy. As previousl…
032 - Notification to The Criminal Division of Certain Prosecutions of Attorneys
- In either of the following two circumstances, the United States Attorney or Departmental Component Head shall notify the Director of the Office of Enforcement Operations, Criminal Division, wheneve...
- Except in emergency situations, the United States Attorney or Departmental Component Head shall provide such notice sufficiently in advance of the filing of a complaint, information, or in…
- In either of the following two circumstances, the United States Attorney or Departmental Component Head shall notify the Director of the Office of Enforcement Operations, Criminal Division, wheneve...
- Except in emergency situations, the United States Attorney or Departmental Component Head shall provide such notice sufficiently in advance of the filing of a complaint, information, or indictment...
- The requirements set forth in this section shall not apply to indictments that are subject to pre-indictment review by a Department component under other provisions of the Justice Manual, e.g., RIC...
- Guidance With Regard to Prosecutors' Participation in Attorney Prosecution The following gui…
040 - Dismissal of Complaints
- The United States Attorney may dismiss a criminal complaint without prior authorization from the Criminal Division except in the instances enumerated in JM 9-2.145. However, Rule 48(a), Fed. R. Crim. P., requires leave of court for dismissal of a complaint, as discussed infra. See also JM 9-27.000(Principles of Federal Prosecution). If the person charged in a complaint has been bound …
041 - Cancellation of Unexecuted Arrest Warrants
- Care should be taken that the Marshal of the district is promptly informed by the United States Attorney of the dismissal of a complaint, whether by the court or a judicial officer, in order to facilitate cancellations of unexecuted arrest warrants as provided in Fed. R. Crim. P. 4(d)(4). Such notification is also important when a warrant of arrest is outstanding in connection with a detain…
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