is it good when the state attorney general office investigates your case

by Walter Schowalter 9 min read

The office can bring down drug rings, investigate public corruption and it defends the state when it is sued. The attorney general is also a political figure, working with the governor and the Legislature to reform state drug laws, its prison system and to combat the state’s heroin epidemic.

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Does the Attorney General's Office investigate or prosecute alleged crimes?

Mar 15, 2013 · The best way to succeed in an attorney general investigation is to never appear on their radar screen in the first place. Retaining counsel that is knowledgeable and experienced in Internet practices and online marketing, that knows the red flags Attorneys general will look for, could save you substantial time and money, as well as allow you to avoid the distraction of …

How to succeed in an attorney general investigation?

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 often does the Attorney General appear in court?

Jun 25, 2014 · It is critical that attention be paid to realizing what can trigger an Attorney General investigation. Again, to issue a CID, it is only necessary for an Attorney General to believe that a …

What does the Attorney General's Criminal Division do?

When the Office of Attorney General litigates the case, this Section sends the equitable share to the District Attorney’s Office after liquidation of the asset. ... The jurisdiction of the Attorney General to investigate and prosecute criminal cases is found in Sections 205 and 206 (respectively) of the Commonwealth Attorneys Act, 71 P.S ...

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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.

Why do prosecutors sometimes choose not to prosecute criminal cases?

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.

Does the US attorney general prosecute?

The Attorney General of California is the chief law officer of California and the state's primary legal counsel. The attorney general "[sees] that the laws of the State are uniformly and adequately enforced" and prosecutes violations of state law through the California Department of Justice, which he or she oversees.

Why would the US Department of Justice sent me a certified letter?

The Department of Justice customarily sends target letters to individuals who are the target of a grand jury investigation and to those who are the subject of a grand jury investigation.

How do you get a prosecutor to drop charges?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.Jul 14, 2021

What is one reason prosecutors may decide to dismiss cases?

A prosecutor may voluntarily dismiss a case without prejudice in order to file a more or less serious case (as in the previous battery/assault example), to address a weakness or error in some part of the case (such as the evidence), or if they are not ready to go to trial at the date called by the judge.

What is reasonable doubt in a court case?

Reasonable doubt is the highest standard of proof that must be exceeded to secure a guilty verdict in a criminal case in a court of law. Clear and convincing evidence is somewhat less rigorous as it requires that a judge or jury be persuaded that the facts of the case as presented by one party represent the truth.

Which of the following is the most common reason cases are rejected by prosecutors?

14 Cards in this SetThe U.S. Supreme Court is the only court established by constitutional mandateTrueAll evidence points to the conclusion that prosecutorial discretion is used toScreen out the weakest casesWhich of the following is the most common reason for prosecutors to reject casesEvidence problems11 more rows

What does the state attorney do?

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.

Why would I receive a letter from the Department of Defense?

The reason you received this letter is that you are being investigated concerning a serious federal crime. Resist the urge to contact the prosecutor for an interview – as anything you say can and will be used against you.Jul 1, 2019

Can a letter be used as evidence?

Evidence is anything you use to prove your claim. Evidence can be a photograph, a letter, documents or records from a business, and a variety of other things. All evidence that is properly admitted will be considered by the judge or jury. Evidence is more believable and trustworthy than what a person says.

What does a target letter mean?

A target letter is the means by which the federal government informs individuals that they are targets for criminal prosecution. In the simplest terms, it means the federal prosecutor believes the recipient has committed a crime.

What are the types of cases that are typically investigated and prosecuted by the State Attorney General?

The types of cases that are typically investigated and prosecuted by this office are: cases of statewide significance where the prosecutor has rejected the case or asked for assistance; cases where the prosecutor has been disqualified; and, Organized crime, racketeering and money laundering.

What is the job of the Attorney General?

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.

What is the Attorney General's Office looking into?

In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...

How old do you have to be to become an attorney general in Pennsylvania?

To become attorney general, you have to be able to practice law in Pennsylvania, be at least 30 years old and have lived in Pennsylvania for the past seven years (exceptions for politicians and public employees). Of the five candidates, there are two politicians and three with extensive experience as prosecutors.

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.

What is an example of public corruption?

An example of a prominent public corruption case the AG’s office was involved in was last year’s discovery that former Harrisburg Mayor Stephen Reed bought thousands of historical artifacts with millions of taxpayer dollars.

What does the Criminal Division do?

The criminal division investigates drug trafficking, child predators (more than 150 were arrested each of the past two years), organized crime and public corruption, according to the office’s 2015 annual report.

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.

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.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the role of the Attorney General of Illinois?

In Illinois, and across the nation, the Attorneys General serve as the law firm to the states. These offices has separate sections or divisions that focus on a particular area of law such as antitrust, Medicaid, consumer protection, and criminal law. Knowing the investigative powers of Attorneys General, and how to respond in the event of an investigation can ensure that minor regulatory issues do not grow into major problems. Should an investigation arise, the tension and balance is to achieve full cooperation while protecting privileges.

What is the Consumer Fraud Act of Illinois?

The Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1, et seq ., grants the Attorney General authority to enjoin a variety of consumer abuses such as fraud , deception, and misrepresentation. As with many state consumer statutes, the Consumer Fraud Act was patterned on Section 5 (a) of the Federal Trade Commission Act, 15 U.S.C. §41, et seq ., and in interpreting the Consumer Fraud Act “consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.” 815 ILCS 505/2. Based on the incorporation of this language, the Consumer Fraud Act is often referred to as a “mini-FTC act.”

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

What is AVC in law?

An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

What is the jurisdiction of the Attorney General?

The jurisdiction of the Attorney General to investigate and prosecute criminal cases is found in Sections 205 and 206 (respectively) of the Commonwealth Attorneys Act, 71 P.S. §§ 732-205, 206. The vast majority of cases investigated by the Criminal Prosecutions Section falls into three categories and under three provisions ...

What is the Appeals and Legal Services Section?

Appeals and Legal Services Section is responsible for representing the Commonwealth in all criminal appeals that involve the OAG and for advocating the position of the Attorney General on important issues in cases prosecuted by the county district attorneys.

What is the Criminal Prosecutions Section?

The Criminal Prosecutions Section investigates and prosecutes a complete spectrum of crimes ranging from the simplest of misdemeanors, to complex corrupt organizations and conspiracies, to first degree murder cases wherein the death penalty is sought and sentenced.

What is Chapter 58?

Chapter 58 also applies to other statutory forfeitures, which include Sex Offenses, Chop Shops, Gambling and Liquor Code Violations, Trademark and/or Recording Device Counterfeiting . The cases usually involve the forfeiture of cash, automobiles, jewelry, bank accounts and other financial instruments, and real estate.

What is the Drug Strike Force Section?

The Drug Strike Force Section is charged with providing onsite legal assistance and direction to Bureau of Narcotics Investigation and Drug Control Agents as they jointly develop complex cases for prosecution against narcotics traffickers and their organizations throughout Pennsylvania and across state borders.

Where do criminal referrals come from?

The majority of criminal referrals are received from the Department of Environmental Protection, however local district attorneys, the Pennsylvania Fish & Boat Commission and the Pennsylvania Game Commission have also been a source of criminal referrals.

Where are environmental samples analyzed?

Most of these samples are analyzed by the Department of Environmental Protection’s laboratory in Harrisburg. Pursuant to the Commonwealth Attorneys Act, the Office of Attorney General does not have original jurisdiction to investigate or prosecute environmental crimes.

What is the Criminal Investigation Division?

The Criminal Investigation Division is a resource for local and county law enforcement and prosecution agencies who require investigative and/or prosecution assistance due to a lack of resources or a conflict of interest.

Should criminal complaints be made to local law enforcement?

Criminal complaints should be made to local law enforcement as it is their responsibility to investigate any crimes within their jurisdiction. CID will only become involved in such investigations based on a written request from the head of those agencies.

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