the texas attorney general may investigate and prosecute which type of cases?

The OAG has taken on numerous other roles throughout the years. In addition to its constitutionally prescribed duties, the OAG files civil suits upon referral by other state agencies. In some circumstances, the Attorney General has original jurisdiction to prosecute violations of the law, but in most cases, criminal prosecutions by the attorney general are initiated only upon the request of a local prosecutor. Although the Attorney General is prohibited from offering legal advice or representing private individuals, the Attorney General serves and protects the rights of all citizens of Texas through the activities of the various divisions of the agency. Actions that benefit all citizens of Texas include enforcement of health, safety, and consumer regulations; educational outreach programs; and protection of the rights of the elderly and disabled. The Attorney General is also charged with the collection of court-ordered child support and the administration of the Compensation to Victims of Crime Fund.

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What is the role of the Texas Attorney General?

Under Texas law, the county or district attorney has primary jurisdiction to prosecute most criminal offenses. The Office of the Attorney General assists local prosecutors at their request. The law also authorizes this agency to proffer assistance to local prosecutors. Most OAG prosecutions are undertaken on referrals.

Who has jurisdiction in Texas criminal cases?

Dec 15, 2021 · Texas’ highest court for criminal cases on Wednesday struck down a law that allows the attorney general to unilaterally prosecute election cases. The state’s Court of Criminal Appeals issued ...

Can the Texas Attorney General represent a private citizen in court?

Dec 16, 2021 · “The Attorney General may prosecute only Medicaid fraud, and not election law related cases” under the Texas Penal Code that are related to tampering with government records, it …

Can the Texas Attorney General prosecute election fraud?

A key priority of the Attorney General is to investigate and prosecute the increasing allegations of voter fraud to ensure election integrity within Texas. 534 Successfully prosecuted election fraud offenses against 155 individuals by the Office of the Attorney General since 2005.

What does the Texas Attorney General regulate?

The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...

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.

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.

Who prosecutes misdemeanors in Texas?

Currently, more than 700 attorneys licensed in Texas prosecute in municipal court. Fine-only misdemeanors are also prosecuted in justice and county courts.

What does prosecuted mean?

Prosecute is generally found today in a legal context (“to bring legal action against for redress or punishment of a crime or violation of law”), although the word may also be used to mean “to follow to the end” or “to engage in.” If someone is prosecuted they are being tried in a court of law; if they are persecuted ...7 days ago

Who is the prosecutor in Texas?

Stacey M. SouleStacey M. Soule, State Prosecuting Attorney.

What are the duties and responsibilities of the attorney general?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

What does the Department of Justice investigate?

The Department of Justice (DOJ) falls within the ambit of the federal government. ... The DOJ covers investigations from both civil issues (such as child support issues and tort actions) and criminal matters (murders or federal drugs crimes, for example).

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.

Who prosecutes a criminal case quizlet?

The prosecutor's only job is to prosecute cases, which involves: advising the police about how to arrest a defendant, writing up the charges against the defendant, presenting the case against the defendant in a trial.

Is the attorney general a prosecutor?

Section 11 of the Criminal Procedure Code 2010 provides that the Attorney-General shall be the Public Prosecutor, with control and direction of all criminal prosecutions and proceedings.

What crimes are Class B misdemeanors in Texas?

Examples of Class B misdemeanors include:Driving While Intoxicated (first offense)Terroristic Threat.Indecent Exposure.Evading arrest on foot.Harassment.Criminal trespass.Possession of marijuana (under 2 ounces)Prostitution.More items...•Aug 15, 2012

What is the importance of secure elections?

Secure elections are the cornerstone of a thriving republic. The legislature made significant improvements in the laws governing state election integrity in 2017 which has contributed to a steady increase in the number of voter fraud referrals. A key priority of the Attorney General is to investigate and prosecute the increasing allegations ...

What is an election clerk?

Election clerks are trained, under current law, not to question whether the voter is qualified for assistance or has requested the "assistant" to help them. Votes are then secured for the candidates of the assistant’s choice.

What does the OAG do?

The OAG responds to the complaints it receives, which are normally vetted by the Secretary of State, and determines whether an offense occurred, and whether , based on the strength of the evidence, the case may be prosecuted successfully .

What is a diversion program?

A prosecution may also be resolved by a diversion program, which is a contractual agreement with a prosecutor, wherein a perpetrator of an election offense typically admits to committing an election offense, receives education regarding the law, and agrees to comply with the law going forward.

What is the Attorney General of Texas?

The Attorney General is the constitutional, statewide elected official who acts as the attorney for the State of Texas. The Attorney General: 1 enforces state consumer protection laws; 2 collects court-ordered child support; and 3 administers the Crime Victims' Compensation Fund.

What is the state bar of Texas?

The State Bar of Texas is the agency with authority to regulate attorneys in Texas. If you have a complaint about the actions of an attorney, contact the State Bar’s Grievance Committee at (800) 932-1900. I have a complaint against a private business.

How to contact the Attorney General for child support?

For information about child support services, call the Office of the Attorney General’s Child Support Division at (800) 252-8014 or consult your phone directory for the number to your local office. Information is also available on the Office of the Attorney General Web site at www.texasattorneygeneral.gov.

Who has jurisdiction in Texas?

In Texas, the county or district attorney has original jurisdiction to pursue alleged violations of the law. These prosecutors are granted discretion in determining which cases will be prosecuted. The Attorney General has no role or oversight of their decisions.

Can the Attorney General represent private citizens?

By law, the Office of the Attorney General may not represent private citizens in legal disputes . The Lawyer Referral Service at the State Bar of Texas can assist you in contacting an attorney in Texas with expertise relevant to your situation. The Lawyer Referral Service can be reached at (800) 252-9690.

What is the phone number for a small claims court?

The State Bar offers a Lawyer Referral Service at (800) 252-9690.

What is the PUC in Texas?

The Public Utility Commission of Texas (PUC) is the agency charged with ensuring that regulated electric and local telephone utilities observe state rules and service standards. Contact the PUC regarding your concerns at (888) 782-8477 or on the Web at www.puc.state.tx.us.

What is the role of the Attorney General of Texas?

The Attorney General is the lawyer for the state of Texas and is charged by the Texas Constitution to defend the laws and the Constitution of the state of Texas; represent the state in litigation; and approve public bond issues. To fulfill these responsibilities, the Office of the Attorney General (OAG) serves as legal counsel to all boards and agencies of the state government; issues legal opinions when requested by the governor, heads of state agencies, and other officials and agencies as provided by Texas statutes; sits as an ex-officio member of state committees and commissions; and defends challenges to state laws and suits against both state agencies and individual employees of the state.

Who is authorized to request an attorney general's opinion?

The Opinion Committee researches and drafts legal opinions in response to questions of law posed by persons authorized by statute to request formal attorney general opinions. Officials authorized to seek attorney general opinions are: the governor; the head of a department of state government; the head or board of a penal institution; the head or board of an eleemosynary institution; the head of a state board;

What does an OAG law clerk do?

OAG law clerks may also assist in developing discovery, interviewing witnesses, conferencing with other state agency representatives, and attending hearings or trials.

What is the Medicaid fraud division?

On behalf of the state of Texas, the Civil Medicaid Fraud Division investigates allegations of unlawful acts against the Medicaid program in order to prosecute meritorious claims and recover taxpayer dollars. The division enforces the Texas Medicaid Fraud Prevention Act, which provides the state with civil remedies for specific unlawful acts, such as misrepresentations made to the Texas Medicaid program. Many of the allegations investigated by the division are brought to light by private persons, whistleblowers or “relators,” who file qui tam actions under seal and provide the state an opportunity to intervene. Because the qui tam lawsuits often include similar claims under the Federal False Claims Act, the division works with federal authorities and other states. The Attorney General has statutory authority to self-initiate civil actions under the Texas Medicaid Fraud Prevention Act and may receive referrals from its criminal counterpart in the agency, the Medicaid Fraud Control Unit. In addition, the division may receive referrals from the Texas Health and Human Services Commission.

What is the General Counsel Division?

The General Counsel Division provides legal research and advice to the Attorney General, the Attorney General’s staff, and other divisions of the agency regarding a wide variety of constitutional and statutory issues. The division drafts and reviews agency administrative rules, procedures, and policies. The division also drafts, reviews, and negotiates contracts and agreements on behalf of the agency; and coordinates the approval process for outside counsel contracts and invoices for all state agencies.

What is the Texas Open Records Division?

The Open Records Division issues written decisions related to access to public information under Chapter 552 of the Texas Government Code, the Public Information Act. The division also provides legal advice and research to the legislative and executive branches of state government and coordinates and participates in regional and statewide conferences on access to public information.

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