what does it mean when a court case for theft goes to the attorney general

This means that the attorney is asking the court to decide the case in the defendant’s favor because the prosecuting attorney did not present enough evidence to prove the case against the defendant. If the judge agrees that there is not enough evidence to rule against the defendant, the judge rules in favor of the defendant, and the case ends.

Full Answer

What happens if you are accused of theft?

General Process for Theft. Following is a general process courts follow, although some courts may have different names for the steps. Unless your criminal attorney advises you otherwise, you should be present for all these steps. 1. Arraignment. An arraignment is when you formally appear before a judge and told the charges filed against you.

What is the legal process for a theft or fraud charge?

If you have been charged with a theft case in district or municipal court, such as a theft 3, shoplifting, or other misdemeanor charge, a private attorney can "waive" the arraignment, meaning you would not need to go to your first appearance. This is something that we do for all of our clients when we have been hired before the first appearance.

What happens at a felony trial?

Jul 24, 2015 · A misdemeanor case can be initiated in several ways. The United States Attorney may file a criminal Information or a Complaint with the court charging a misdemeanor. This is usually done after review of the evidence by an Assistant United States Attorney with a law enforcement officer's assistance.

What happens at a misdemeanor trial?

Jul 24, 2015 · What Happens in a Felony Case. Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases (cases that have shorter possible sentences). This part of the handbook is intended to explain the ...

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.

What happens when a case goes to the States attorney?

Either a judge or a jury may decide the verdict on how well the State's Attorney proved the case. During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions.

What types of cases does the US Attorney General office handle?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

How do you win theft case?

3:505:27Criminal Attorney Explains How to Beat a Theft Charge - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe prosecutors cannot successfully prosecute you for theft. Any reasonable doubt about whether orMoreThe prosecutors cannot successfully prosecute you for theft. Any reasonable doubt about whether or not you had the permission or effective consent of the owner to possess their property.

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.

Which level of felony is the highest level of offense?

A class A felony and a level 1 felony are considered the highest class – or worst felony – and carry the most severe punishments. Criminal codes at both the state and the federal levels categorize felony crimes by seriousness, with the first class or level being the most severe.Dec 15, 2018

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.

How do you find out if the feds are investigating you?

How Do You Know You're Under Federal Investigation?The knock on the door. Most people who are under investigation learn about it when law enforcement knocks on their door and asks to talk to them. ... A search warrant. ... A subpoena. ... For federal employees - an OIG meeting. ... The Target Letter. ... The word on the street.

How do I file a complaint with the Attorney General Office?

You can also request a complaint form by calling 1.800. 382.5516 or 317.232. 6330....Consumer Complaint Forms:Online Consumer Complaint Form.Fillable Consumer Complaint Form.Printable Consumer Complaint Form.QUEJA DEL CONSUMIDOR.

Can petty theft charges be dropped?

Yes, in some cases, petty theft charges can be dropped. Defendants can complete a pretrial diversion program, take a plea bargain that reduces the charges, or present prosecutors with exculpatory evidence. All of these strategies often require the legal advice and representation of a theft attorney.Jan 8, 2022

What is an example of theft?

What Is Theft? Theft—called larceny in some states—is a broad term that can cover a wide variety of criminal offenses. For example, shoplifting and stealing a motorcycle are both forms of theft.

What is stealing considered as?

Theft is the taking of another person's personal property with the intent of depriving that person of the use of their property. Also referred to as larceny.

What happens if a defendant pleads not guilty?

Trial – If the defendant pleads not guilty, a trial is held. The judge—or at the defendant’s request, a jury—can hear evidence on the charges and find the defendant guilty or not guilty. 4. Sentencing – If the defendant is found guilty, the court imposes the appropriate punishment (sentence). 5.

What happens if a jury is found not guilty?

The court then enters a judgment based on the verdict, and the jury is released from service. If found not guilty, the defendant is released immediately. If the defendant is found guilty, a date is set for sentencing. The defendant may be held in custody or remain on release status until sentencing.

What is the first appearance in court?

1. Initial Appearance – This is the defendant ’s first appearance in court, and the defendant is advised of the charges. The judge appoints an attorney if the defendant cannot afford one. 2. Arraignment – The defendant appears in court to enter a plea of guilty or not guilty.

Where do appeals go?

Appeals – Appeals from decisions of limited jurisdiction courts go to superior court. An appeal may be heard as a new trial (a trial de novo), or the superior court judge may review records of trial proceedings if records have been kept. Decisions made in small claims court cannot be appealed.

Can the death penalty be imposed?

In some cases, the death penalty can be imposed. A jury rather than the judge is required to decide whether the defendant will receive the death penalty. Appeals – A convicted defendant may appeal. If the death penalty has been imposed, an automatic appeal is filed with the Supreme Court.

What is a complaint filed with the clerk of the court?

1.The plaintiff files a document (a complaint or a petition) with the clerk of the court stating the reasons why the plaintiff is suing the defendant and what action the plaintiff wants the court to take. 2.The plaintiff must state whether the case is eligible for arbitration according to court rule.

What is the brief of an appellant?

The brief of the person filing the appeal (the appellant) contains legal and factual arguments as to why the decision of the trial court should be reversed. The person against whom the appeal is made (the appellee) has the right to respond to these arguments. An appellate court does not conduct trials.

What happens at arraignment in Washington State?

At arraignment you appear before a judge and are formally notified of the charge (s) filed against you and asked to enter a plea.

Who makes sentencing decisions in Washington?

In Washington State criminal cases, sentencing decisions are made by judges. This is true even if you are found guilty at a jury trial - the judge who oversaw the case would impose any sentence without input from the jury. At sentencing, the prosecutor will make a recommendation to the judge .

Why do you have to have a pre-trial hearing?

It is very common to ask that a case be “continued” at a pre-trial hearing to give the parties sufficient time to fully investigate and negotiate your case. In some courts, the pre-trial hearing is the best opportunity to negotiate with the prosecutor on your case. There may be a designated negotiating prosecutor present (not in the courtroom, often in a room just outside the courtroom) who has authority to make decisions on your case and is prepared to discuss the case with your attorney.

What is a motion to dismiss?

Motion to dismiss for failure of the government to preserve evidence. Motion to dismiss for violation of your right to a speedy trial. Motion to dismiss for insufficient evidence of a crime (Knapstad). Motion to dismiss for lack of probable cause to stop or seize. No reasonable suspicion a crime has occurred.

Can a criminal case be resolved before trial?

While most cases are resolved prior to a trial, some cases proceed to a full trial. If it is appropriate for your case to proceed to a trial, you may have the option of choosing between a jury trial and a bench trial. A jury trial consists of six (misdemeanor and gross misdemeanor) or twelve (felony) randomly selected people from the community sitting as the “fact finder” who will decide if you are guilty or not guilty of the crime (s) charged. A bench trial allows the judge to be the sole “fact finder” in your case. In general, we recommend a jury trial for most criminal cases. This is a decision you can make after weighing the pros and cons with your lawyer.

What is a misdemeanor case?

What Happens in a Misdemeanor Case. Any criminal offense punishable by imprisonment for a term of not more than one year is a misdemeanor. Any misdemeanor that carries a penalty of imprisonment for not more than six months, a fine of not more than five hundred dollars ($500), or both, is a petty offense. Misdemeanors include such offenses as minor ...

What is the victim impact statement?

A Victim Impact Statement, prepared by the victim, can be used to establish this element of damage. In cases in which damage has been suffered as ...

What is a petty offense?

Petty offenses include offenses against traffic laws as well as many regulations enacted by the agencies of the United States. A misdemeanor case can be initiated in several ways. The United States Attorney may file a criminal Information or a Complaint with the court charging a misdemeanor. This is usually done after review ...

Who can cross-examine a witness?

Each witness called for the United States may be cross-examined by the defendant or the defendant's counsel. When the prosecution has rested its case, the defense then has an opportunity to present its side of the case. The United States may then cross-examine the defendant's witnesses. When both sides have rested, ...

Can a petty offense be sentencing?

Sentencing. In petty offense cases, the court may proceed immediately after the verdict to sentencing. The defendant and the United States each has an opportunity to speak to the issue of sentencing. In misdemeanor cases, the court may request a pre-sentence investigation and report from the United States Probation Office.

What happens after you testify in court?

After you have testified in court, you should not tell other witnesses what was said during the testimony until after the case is over.

What is a felony case?

What Happens in a Felony Case. Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases (cases that have shorter possible sentences). This part of the handbook is intended to explain ...

What is the only contact witness in a felony case?

In many felony cases, the only contact witnesses have with the prosecutors comes at the witness conference and at the trial. Normally, when the trial date has been set, you will be notified by a subpoena - a formal written order from the court to appear.

What is a complaint under oath?

This complaint is a statement, under oath, of facts sufficient to support probable cause to believe that an offense against the laws of the United States has been committed by a defendant. If the Magistrate accepts the complaint, a summons or arrest warrant will be issued for the defendant.

How many people are on a grand jury?

A grand jury is a group of twenty-three (23) citizens from the same judicial district who meet to examine the evidence against people who may be charged with a crime. The work of the grand jury is not made available to the public or, in most cases, to the defendant.

Who can cross-examine a witness?

Each witness that is called for the United States may be cross-examined by the defendant or the defendant's counsel. When the prosecution has rested its case, the defense then has an opportunity to present its side of the case. The United States may then cross-examine the defendant's witnesses.

What is the purpose of a hearing?

The hearing has three purposes. First, the defendant is told his or her rights and the charges are explained. Second, the defendant is assisted in making arrangements for legal representation, by appointment of an attorney by the court, if necessary.

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.

What happens if an attorney is found guilty of misconduct?

After an attorney is found guilty of misconduct and any sanctions are subsequently imposed, limitations may be assessed for future practice. This is especially true if misconduct is repeated or multiple sanctions are imposed.

What happens when a lawyer is suspended?

Suspension occurs when a lawyer faces an ethical complaint, undergoes an investigation, and is found guilty of misconduct. Once a suspension is instated, an attorney must follow a series of steps if they hope to be reinstated in the future. Within ten days of the suspension, an attorney is required to notify all clients, co-counsel, ...

Why do attorneys take oaths?

When attorneys pass the bar exam , they take an oath swearing that they will do everything in their power to uphold and protect the law to the highest standard. This oath allows the public to put their trust in the justice system. If sanctions are imposed, it is to make the justice system stronger.

What is legal sanction?

In its most basic form, a legal sanction is a penalty, of varying degrees of severity, that provides incentives for obedience to the law, rules, and regulations. In this article, the lawyers at Gary Crews Law will help you understand ...

How long does probation last?

The probation sanction will typically last for 2 years or less; however, it can be extended for another period of 2 years if necessary. If it is determined that the problem will not be resolved, then probation may not be appropriate for the circumstances.

What is sanction in law?

A sanction is a disciplinary action that restricts a lawyer in some way. As with any punishment, there are varying levels of severity: Disbarment. Suspension. Probation. Reprimand. Admonition. Financial Restitution. Limitation.

What is the harshest form of legal sanction?

Disbarment is the harshest form of a legal sanction. Most often, disbarment will not be imposed based on only one situation of misconduct. The decision to disbar an attorney is made with the reasoning that the lawyer is no longer fit to practice law.

What does a grand jury hear?

The prosecutor will explain the law to the jury and work with them during the process. A grand jury will hear evidence presented by the prosecutor. In order to gather the information the jury will use to reach its decision, subpoenas can be issued. These can be used to obtain documents, physical evidence, photos, and even witnesses.

What is the purpose of a grand jury?

The main purpose of a grand jury is to decide whether an individual should be charged (or “indicted”) for a specific crime, usually only serious crimes. Because of the purpose of this proceeding, it is usually one of the first procedures in a criminal trial.

What are the benefits of a grand jury?

Grand jury proceedings are kept in complete confidence. This serves two purposes: 1 It encourages witnesses to speak freely without the fear of retaliation 2 It protects the potential defendant in the instance that the jury does not decide to indict

Why were grand juryes created?

Grand Juries Were Created to Protect Your Rights . The Fifth Amendment of the United States Constitution was responsible for establishing grand juries. More explicitly, the Fifth Amendment states that no individual can be held to answer for a criminal offense unless a presentment or indictment of a grand jury is made.

How many people are on a grand jury?

The Beginning of the Grand Jury Process. As the process begins, between 16 and 23 people will be selected to serve on the grand jury. Grand juries are chosen from the same group of people as trial jurors, but the selection process may be less time consuming with fewer questions asked to each potential juror. These individuals may be called ...

What is probable cause?

Probable cause means that there is evidence to believe a criminal offense was committed and that the person accused of the crime actually committed the offense. When felony offenses are involved, there must be probable cause to believe that an offense has been committed. If there is an option to use either a grand jury or preliminary hearing, ...