how to prosecute an attorney general

Does the Attorney General have power over the FBI?

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Do the Attorney General represent individuals?

The Attorney General's Criminal Division investigates and prosecutes crime throughout the State. However, criminal cases which are local in effect are rarely prosecuted by the Attorney General. Such cases are more appropriately pursued by local officials and citizens are urged to bring such cases to their local police and county prosecutor.

How do you contact Attorney General?

At the state level, most attorney generals are selected by popular vote. The attorney general provides advice to the governor and the state legislature. S/he is not directly responsible for criminal prosecutions, although s/he may offer assistance in very high profile cases. The attorney general of the state usually reports to the voters of the state.

Who gets paid more a prosecutor or a defense attorney?

stitution of Maryland requires the attorney-general to prosecute or defend all state cases in the court of appeals and to aid state's at-torneys. In Delaware the constitution declares that the attorney-general is a "conservator of the peace," and he is required in Georgia to conduct the supreme court proceedings in cases involving capital ...

Does the US attorney general prosecute?

The United States Attorney is responsible for a wide variety of prosecutions consistent with the priorities set by the Attorney General of the United States and exercises wide discretion in the use of her resources to meet the needs of the communities in the Western District of Texas.

Is Attorney General state or federal?

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 enforcement officer.

Can you sue a state's attorney?

1. A State Attorney possesses absolute immunity from civil liability in tort actions brought in state courts and in Title 42 U.S.C. s. 1983 actions in federal courts for conduct falling within the scope of his or her prosecutorial duties.

What is the difference between US attorney and US attorney general?

U.S. attorneys There is a U.S. attorney for each federal court district in the United States. ... 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.

Who is the highest law officer?

Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

What is the role of an Attorney General?

The role of the Attorney General is defined in section 51 of the Constitution of Botswana, as the principal legal adviser to the Government. The Attorney General is also an ex-officio Member of Cabinet, and serves on various policy level committees.

Is malicious prosecution a crime?

A claim of malicious prosecution is a civil case, not a criminal one. This claim is meant to deal with filed lawsuits that are: ... filed to harass; and. completely without merit.

How can charges be dropped before court date?

Prosecutors can voluntarily dismiss charges, but they usually require persuasion and negotiation before going to court to file a dismissal. Your lawyer can also file a motion asking a judge to dismiss the charges. Most judges defer to the prosecution and rarely dismiss charges on their own.Mar 19, 2021

What is a 1983 claim?

§ 1983, that allows people to sue the government for civil rights violations. It applies when someone acting "under color of" state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.

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.

How is a US attorney general hired?

A U.S. ATTORNEY'S OFFICE: BASIC FACTS U.S. Attorneys are appointed by the President and confirmed by the Senate, and they serve terms of four years or at the President's discretion.

What is it called when a higher court sends a case back to be tried again?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue.

What is the role of the Attorney General?

The Attorney General is responsible for prosecuting violations of the law under their jurisdiction. Writing a letter to the Attorney General is a last recourse in most situations. The Attorney General is only likely to respond to questions that are of wide public significance.

How to file a complaint against a company?

Make a consumer complaint. 1 These complaints should be written to your state Attorney General, rather than the U.S. Attorney General. 2 The Attorney General will most likely get involved if it is question of wide public concern. But, in writing a letter you might provide new evidence to a case the Attorney General is already building or inform him of an emerging problem.

How to write a letter to a friend?

Start with an overview of the situation. Begin your letter with an introductory paragraph identifying yourself and stating your reasons for writing the letter. You will provide a brief introduction to the circumstances that prompted you to write your letter within this initial paragraph.

What is criminal prosecution?

The Criminal Prosecutions Division has four sections that aid local jurisdictions where the county may not have the expertise or the resources available to investigate or prosecute a complex case. They assist if a conflict of interest prohibits the local jurisdiction from taking part in the case.

What is JCI in law enforcement?

JCI works to provide youth, parents, educators, and law enforcement with the resources needed to combat juvenile crime and gang activity in our communities. JCI also provides training and publishes handbooks on juvenile crime and juvenile law.

What is the criminal division?

The Criminal Division is comprised of the Criminal Enforcement and Financial Crimes Bureau, the Medicaid Fraud Control Unit, the Organized Crime Task Force, and the Public Integrity Bureau.

What is the purpose of the Public Integrity Bureau?

The Public Integrity Bureau (“PIB”) investigates and seeks to vindicate the public's interest in honest government. When government actors, or private individuals acting in concert with them, engage in corruption, fraud or illegal behavior in the course of their public duties, the PIB may investigate or take enforcement action to restore the public's interest in honest government and the integrity of government officials at the state and local level. Specifically, PIB handles complex investigations into government corruption, fraud and abuse of authority. Although PIB is part of the Criminal Division, PIB brings cases pursuant to both civil and criminal authority. The Bureau can also issue reports about its investigations and findings.

What is the Medicaid fraud control unit?

Medicaid Fraud Control Unit. The Medicaid Fraud Control Unit (“MFCU”), the largest unit within the Attorney General’s Criminal Division, is the centerpiece of New York’s effort to investigate, penalize, and prosecute individual and companies responsible for improper or fraudulent Medicaid billing schemes. In addition, the MFCU is the only law ...

What is AIFU in insurance?

The Auto Insurance Fraud Unit (AIFU) was established in response to an executive order signed by Governor Pataki on May 9, 2001. That order appointed the Attorney General as Special Prosecutor to investigate and prosecute criminal acts relating to fraudulent motor vehicle insurance claims. AIFU has a staff consisting of attorneys, investigators, auditors and analysts. AIFU, which is part of the Criminal Enforcement and Financial Crimes Bureau, conducts long-term investigations and prosecutions of individuals and groups involved in committing insurance fraud under the state's no-fault law and related crimes. Its investigations focus on individuals who stage motor vehicle accidents in order to submit fraudulent injury claims to insurance carriers, corrupt medical providers which participate in the submission of phony claims, and law firms which file fraudulent suits stemming from such incidents.

What is the OCTF?

The Organized Crime Task Force (“OCTF”) is a division of the New York State Department of Law that specializes in the investigation and prosecution of multi-county and multi-state organized criminal activities.

What is the OAG in New York?

New York State Executive Law Section 70-b mandated the establishment of an Office of Special Investigation (OSI) within the Office of the New York State Attorney General (OAG), effective April 1, 2021 . This legislation represents the codification and the expansion of the role previously performed by the Special Investigations and Prosecutions Unit ...

What is the objective of OSI?

While OSI’s principal objective is to thoroughly investigate the incidents covered by Executive Law Section 70-b, in order to determine whether a prosecution is warranted , OSI also seeks to enhance transparency and strengthen public trust in the criminal justice system in these sensitive incidents.

Introduction

• Some offences cannot be prosecuted without the agreement of the Attorney General. These are called ‘Attorney General consent cases’ and consent can be given by either the Attorney General or the Solicitor General (known as the Law Officers). The timing of when consent is required varies depending on the charge, but as a matter of good practice, Attorney General’s consent sh…

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The Prosecutor’S Role in Applying For Attorney General’s Consent

How to Apply For Law Officers’ Consent

Timing of Application For Law Officers’ Consent

Introduction

• Some offences cannot be prosecuted without the agreement of the Attorney General. These are called ‘Attorney General consent cases’ and consent can be given by either the Attorney General or the Solicitor General (known as the Law Officers). The timing of when consent is required varies depending on the charge, but as a matter of good practice, Attorney General’s consent sh…

See more on gov.uk

The Prosecutor’S Role in Applying For Attorney General’s Consent

How to Apply For Law Officers’ Consent

Timing of Application For Law Officers’ Consent