what cant the attorney general do in texas criminal

by Bertha Botsford 6 min read

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, ...

What does the Attorney General of Texas do?

Dec 15, 2021 · Texas attorney general cannot unilaterally prosecute election cases, state's highest criminal court rules. The 8-1 decision came Wednesday from the all-Republican Court of Criminal Appeals. The ...

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

Jan 03, 2022 · Mid-December 2021 the Texas Court of Criminal Appeals determined in an 8:1 ruling that the state's Attorney General does not, with few exceptions, have the authority independently to prosecute criminal cases such as those involving voter fraud. According to the ruling, a provision of the law violates the clause about separation of powers in the Texas …

Who has jurisdiction in Texas criminal cases?

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.

Is Texas’ Attorney General an audition for higher office?

ATTORNEY GENERAL OF TEXAS The Honorable Marco A. Montemayor Webb County Attorney 1 tlO Washington Street, Suite 301 Laredo, Texas 78040 Dear Mr. Montemayor: May 22, 2019 Opinion No. KP-0251 Re: Whether individuals convicted of a felony are eligible to run for office in Texas after completing their sentence and having their

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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.

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 are the duties 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 US Attorney General investigate?

The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016

Who is the attorney general of Texas?

Ken Paxton (Republican Party)Texas / Attorney generalKen Paxton is the 51st Attorney General of Texas. He was elected on November 4, 2014, and sworn into office on January 5, 2015. As the state's top law enforcement officer, Attorney General Paxton leads more than 4,000 employees in 38 divisions and 117 offices around Texas.

Who reports to the US attorney general?

President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows

Does the attorney general control the FBI?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

What is the difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

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.

Why would I get a letter from Department of Justice?

If you receive a target letter, you are not being charged with anything or under arrest. However, it's often an indication that the government will likely follow up with a civil or criminal charge. Target letters can be sent out at various stages of an ongoing investigation.Sep 30, 2021

What factors are involved in a prosecutor's decision to file charges?

The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...

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.

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.

How to contact Texas Open Meetings?

For information about the Texas Public Information Act or the Texas Open Meetings Act, you may wish to call our open government hotline at (512) 478-OPEN (6736) or toll-free at (877) OPEN TEX (673-6839). In addition, our open government publications are available on our Web site at www.texasattorneygeneral.gov or upon request by calling (512) ...

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 Attorney General of Texas?

14 Footnotes. The Attorney General of Texas is the chief lawyer and legal officer for the state of Texas. According to the Texas Constitution, the attorney general defends the laws and the constitution of the state of Texas, represents the state in litigation, and approves public bond issues.

Who won the 2010 Texas election?

To view the electoral history dating back to 2002 for the office of Texas Attorney General, Click to expand the section. On November 2, 2010, Greg Abbott won re-election to the office of Texas Attorney General. He defeated Barbara Ann Radnofsky (D) and Jon Roland (L) in the general election.

Who did Greg Abbott defeat?

He defeated Barbara Ann Radnofsky (D) and Jon Roland (L) in the general election. Election results via Texas Secretary of State. On November 7, 2006, Greg Abbott won re-election to the office of Texas Attorney General. He defeated David Van Os (D) and Jon Roland (L) in the general election.

What is the difference between civil and criminal contempt?

In civil contempt cases, the court will assess a specific number of days and/or a fine for each missed payment. The sentence must be served even if full payment is made. In criminal contempt cases, an obligor is sentenced to jail until he/she complies with the court order.

How many licensing agencies does OAG have?

The OAG works with over 60 licensing agencies and can request that these agencies suspend your drivers, professional and hunting and fishing licenses, if you fail to pay your child support.

What happens when child support isn't paid?

When child support payments aren't made, the Office of the Attorney General can take many actions to enforce the court order.

Who reports child support?

Credit Bureau Reporting. The Office of the Attorney General is required by law to report the amount of child support owed and the amount paid to the credit reporting agencies.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

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Current Officeholder

  • Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. We can and do answer many of these questions directly. We can send you an applicatio…
See more on www2.texasattorneygeneral.gov

Qualifications

Vacancies

Elections

  • The current officeholder is Republican Ken Paxton. He was first elected attorney general in November 2014, and took office on January 5, 2015.
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Divisions

  • According to the Texas Secretary of State, state law says that no person shall be eligible for to run for the office of attorney general unless they are: 1. at least 18 years of age 2. a citizen of the United States 3. a resident of Texas for at least 12 months
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Historical Officeholders

  • Article 4, Section 12 (a) of the Texas Constitutionstates: "All vacancies in State or district offices, except members of the Legislature, shall be filled unless otherwise provided by law by appointment of the Governor."
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Recent News

  • Article 4, Section 2 of the Texas Constitution states: "All the above officers of the Executive Department (except Secretary of State) shall be elected by the qualified voters of the State at the time and places of election for members of the Legislature." The attorney general is elected to serve for a four-year term. There is no term limitfor this office.
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