how to get attorney general to reopen a case

How do I reopen a criminal case?

Attorney General Kamala Harris: Reopen Case for Six-Year-Old Rape Victim. Sign the petition. Campaign created by. Kristi Benet A six year old girl contracted dysuria, a sexually transmitted infection, after being raped by her stepfather. Riverside California D.A. filed criminal charges, but ultimately the child molester was set free without ...

What is the difference between a motion to reopen and appeal?

1. For a MOTION TO SET ASIDE DISMISSAL AND RE-OPEN CASE A. If neither party has an attorney, you will be contacted by the Case Management Unit once the judge has reviewed the file. B. If the other party has an attorney, follow the instructions below for scheduling a hearing with the judge in the division your case is assigned to. 2.

Can a case be reopened after a lawsuit is dismissed?

Jan 23, 2021 ·

Can a closed case be reopened at a later point of time?

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. 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.

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.

What are the duties and responsibilities of the attorney general?

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.

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.

How do you find out if the feds are investigating you?

How Do You Know You're Under Federal Investigation?The knock on the door. Most people who are under investigation learn about it when law enforcement knocks on their door and asks to talk to them. ... A search warrant. ... A subpoena. ... For federal employees - an OIG meeting. ... The Target Letter. ... The word on the street.

What power does the US attorney general have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

What is the difference between Attorney General and Solicitor General?

The Solicitor General of India is subordinate to the Attorney General for India. They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India. Currently, the Solicitor General of India is Tushar Mehta.

Can Attorney General attend cabinet meetings?

Detailed Solution. The correct answer is Attorney General of India. Attorney General of India can attend the meetings of both houses of Parliament while not being a member of either. The Attorney General for India is the Indian government's chief legal advisor.

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.

Is it acceptable for a prosecutor to destroy evidence?

In many cases, prosecutors can be sued for misconduct when they engage in a Brady violation. ... If for example, an officer destroys evidence in a police lab, they can be legally sued for destruction of evidence. They cannot, however, be punished for blatantly lying in court, although they can be prosecuted for perjury.Nov 9, 2016

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 are the four types of prosecutorial misconduct?

Prosecutorial misconduct is when a prosecutor in a criminal court case performs an illegal or unethical act....1. What are the four main types of prosecutorial misconduct?failure to disclose exculpatory evidence,introducing false evidence,using improper arguments, and.discriminating in jury selection.

How long does it take to reopen a case?

To successfully move to reopen a case, you must file within 90 days of the original verdict. Filing the motion afterwards will not be allowed unless you are one of the following: Homeland Security files to reopen your case. On very rare occasions, the Department of Homeland Security will agree to or join in a motion to reopen.

What does it mean when a case is reopened?

In the case of immigration, the verdict may mean the difference between staying in the country and being deported.

What to do if immigration court deports you?

If the Immigration Court has decided to deport you and you believe it was incorrect, you still have options. Even a filing order of removal can be challenged under certain circumstances. When a negative ruling occurs, you may be able to file for a motion to reopen.A motion to reopen asks the court to reexamine the case. To successfully do this, there has to be new evidence that was discovered after the conclusion of the case. In a reopened case, the new evidence will be heard by the exact same judge, who will then render an updated verdict. In the case of immigration, the verdict may mean the difference between staying in the country and being deported.

What is a motion to reconsider?

Your legal counsel may use the term motion to reconsider when talking about your case. A motion to reconsider, while similar to a motion to reopen, is different. Both courses of action are sent to the same judge from the case. However, each uses a different action to achieve their end goals. While a motion to reopen is based on new facts, a motion to reconsider is based on new legal grounds. In a motion to reconsider, the representative of the plaintiff must argue that there was an error in legal judgment. The immigrant's counsel must then provide legal arguments (typically based upon prior precedent for which the case is similar) which would support the claim. Once the new argument has been heard, the judge will then decide if the case will be reconsidered.

Is a motion to reopen a case an appeal?

A motion to reopen a case is not an appeal. Whereas a motion to reopen re-examines a case previously ruled upon, an appeal continues the analysis of a case despite the case being concluded at the trial level. A motion is made to appeal a case by taking it to a higher authority than the presiding judge.