what does it mean if a case is tried by the attorney general of a state

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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What is an attorneys general and what do they do?

Mar 15, 2013 · An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena. Sometimes, however, the first time one hears from an attorney general is after a lawsuit has been filed. The first steps you take after hearing from an attorney general are critical.

How often does the Attorney General appear in court?

Jun 25, 2014 · Introduction The role of the Attorney General is akin to the managing partner of the law firm to the state. The office has separate sections or …

What happens at a state's attorney trial?

Apr 24, 2016 · The attorney general rarely appears in court, but makes key decisions on major cases, assists in local and federal investigations and meets with legislators and constituents on a regular basis, according to Walter Cohen, who served as first deputy attorney general over six years and then as acting attorney general for several months in 1995.

What is an attorney general investigation or action?

If the case was presented before the US Attorney’s Office, they may decide to take the case. However, police officials can also present a case to the state prosecutors, who may have a different view and decide to proceed. Sometimes, cases are brought in state court, and for one reason or another, the federal prosecutors will be interested.

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?

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

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.

What does the attorney general do in Virginia?

The Attorney General of Virginia is a publicly elected executive official in the Virginia state government. The attorney general provides legal advice and representation for all state agencies.

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.

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.

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.

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

How many statutory responsibilities do U.S. attorneys have?

three statutory responsibilitiesThe United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code: the prosecution of criminal cases brought by the Federal Government; the prosecution and defense of civil cases in which the United States is a party; and.Sep 22, 2016

What is the Department of Attorney General?

Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia

Who can request an Attorney General opinion in Virginia?

the governorA person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the Attorney General for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

What is the primary responsibility of the Virginia General Assembly?

About the General Assembly Today, the General Assembly of Virginia is made up of two houses, the House of Delegates and the Senate. All members of the General Assembly are elected by the voters from their respective districts. The primary duties of the General Assembly are to make, amend, and pass laws.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

Who is David Klein?

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.

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.”

How to protect yourself from a subpoena?

Additionally, a witness may protect himself from an improper subpoena by filing a timely motion to quash or modify in a state circuit court. Although modifying a subpoena is common, it is rare to quash a subpoena in its entirety, particularly given the broad discretion granted to the Attorney General.

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 a CID in the US?

This process is sometimes referred to as a civil investigative demand (“CID”). To issue a CID, it is only necessary for an Attorney General to believe that a person has, or may be, engaged in unlawful conduct. Attorney General does not have the burden to prove unlawful conduct before issuing a CID.

What are objections to a subpoena?

Objections to a subpoena may consist of procedural defects as well as substantive ones, such as privilege. It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver.

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 ...

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.

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.

What is the difference between federal and state courts?

There are many differences that exist between federal courts and state courts, beginning with the way they are constructed. Federal courts have judges who are selected by the President of the United States and confirmed by the United States Senate. These judges are often tenured for life unless they are removed for bad behavior.

Who decides where charges are brought?

The prosecutor has the discretion to decide where the charges are brought. The defendant does not have this same discretion. The prosecutor will often make the decision based on who is investigating and the size of the case. It can depend on whether the defendant is investigated by the local police, the FBI, the DEA, as well as whom the case was brought to after the investigation. If the case was presented before the US Attorney’s Office, they may decide to take the case.

Is narcotics a priority?

Recently, the Attorney General announced that certain narcotics offenses are no longer as much of a priority as they were in the past. Changes in the economy have allowed for health care fraud to become a very hot area for prosecution.

Do federal prosecutors have discretion?

Oftentimes there is an overlap between what can be brought in federal court and what can be brought in state court, so prosecutors have discretion and flexibility, especially in the District of Columbia.

Is a federal prosecutor better than a state prosecutor?

The vetting process for federal prosecutors is more intense than for state prosecutors. A position as a federal prosecutor is a more prestigious position and federal prosecutors typically have fewer cases. This allows them to be generally better prepared for trial. However, there are still a lot of very good prosecutors at the state level who enjoy prosecuting these cases. It would be a mistake to think that all state prosecutors are not as good as federal prosecutors because this is not the case.

Why is it important to contact an attorney immediately?

If you plan to sue, or if you are sued, it is important to contact an attorney immediately, because the clock is running. An experienced litigation attorney will know whether the case should be heard in state court or federal court based upon legal, practical, and strategic considerations.

What is the federal question jurisdiction?

§ 1331 states, “The [federal] district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”. Therefore, generally, if a lawsuit is based upon a federal statute then it can be heard in federal court.

What is supplemental jurisdiction?

Supplemental Jurisdiction. Pursuant to 28 U.S.C. § 1367, where a federal court has jurisdiction over a case, it can also entertain additional claims based solely on state law, albeit with some exceptions. Those exceptions include, but are not limited to, where the state law claim raises a novel or complex issue of state law, ...

Can a state court case be removed?

Removal and Remand. If a case is filed in state court, a defendant can move the case to federal court under certain circumstances. This is called “removal” and is governed by 28 U.S.C. § 1441 . A case can be removed by the defendant if there is a basis for federal jurisdiction as explained above. To properly effectuate removal to federal court, ...

What is forum defendant rule?

For example, if a corporation from Alabama sues a person from New York in New York state court for $100,000, the defendant may not remove the case to federal court because he is a citizen of New York. However, courts have held that if the local defendant removes the case to federal court ...

Can a case be removed to federal court?

First, a case cannot be removed to federal court just because the defendant intends to assert a defense or counterclaim based upon federal law; instead, the plaintiff’s claim must be based upon federal law for the case to be removable based upon federal question jurisdiction.

Is a corporation a citizen?

A corporation is deemed to be a citizen of the state in which it is incorporated and the state where it has its principle place of business. According to the Supreme Court in Hertz Corp. v. Friend, 559 U.S. 77, 130 S. Ct. 1181 (2010), a corporation has its principle place of business where its “nerve center is located,” meaning “the place where ...

What is a conflict of interest in a case?

A conflict of interest exists when a district attorney or member of his or her staff previously represented the defendant with regard to the charges to be prosecuted and, as a result of that former attorney-client relationship, the prosecution obtained information that may be used to the defendant’s detriment at trial.

How many districts are there in North Carolina?

North Carolina is divided into 44 prosecutorial districts. Each is headed by an elected district attorney or, the case of a mid-term vacancy, a district attorney appointed by the governor. District attorneys are constitutionally and statutorily charged with prosecuting criminal actions in their districts. Each district attorney employs ...

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is an assistant state attorney?

Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases. Advertisement.

What is a prosecutor?

A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is an arraignment in court?

An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.

What happens before a trial?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.