The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. These cases are heard in any of the three federal courthouses in the District: in Charlotte, in Statesville, and in Asheville. The D.A.'s Office, by contrast, prosecutes state crimes, not federal crimes.
Investigation In the Federal Government, there are agencies that employ criminal investigators to collect and provide information to the United States Attorneys in the respective district. You may already know some of the agencies, such as: Federal Bureau of Investigation (FBI)
Executive branch attorneys generally do not investigate these types of allegations or provide legal assistance or advice to private citizens.
Sometimes, it may also commence as a result of information law enforcement agents receive from defendants in pending criminal cases who are hoping to receive leniency (i.e., cooperators).
At a minimum, an investigation of defense counsel’s conduct should be conducted by a prosecutor who has not been involved in the initial matter or in ongoing matters with that defense counsel.
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.
Generally, section attorneys review incoming complaints and conduct research to identify potential civil investigations. Based on that work, the attorney may recommend that the section chief authorize an investigation.
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 U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia
acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.
Types of InvestigationsTheft of Trade Secrets.Workplace Violence.Workers Compensation Claims.Integrity Checks.Security Evaluations.Undercover Operatives.Sexual Harassment.Secret Shoppers.
The FBI has divided its investigations into a number of programs, such as domestic and international terrorism, foreign counterintelligence, cyber crime, public corruption, civil rights, organized crime/drugs, white-collar crime, violent crimes and major offenders, and applicant matters.
93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.
The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.
U.S. Attorneys ListingDistrictUnited States AttorneyArkansas, WesternClay FowlkesCalifornia, CentralTracy WilkisonCalifornia, EasternPhillip TalbertCalifornia, NorthernStephanie Hinds89 more rows
There are two very basic prerequisites before the police are require to issue a Miranda warning to a suspect: The suspect must be in police custody; and. The suspect must be under interrogation.
What is a United States attorney? Attorney and government official who prosecutes cases at the federal level.
The United States Attorney is the chief federal law enforcement officer in their district and is also involved in civil litigation where the United States is a party.
In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.
As a general matter, federal prosecutions may be declined for a variety of reasons including, but not limited to, situations in which a person is subject to prosecution in another jurisdiction or another adequate alternative to prosecution is available. Show.
If you have any questions regarding the status of the case or how to properly file your motion you should contact the Clerk of the Court who will be able to advise you on the proper procedures.
State prisons do not fall under the jurisdiction of the U.S. Department of Justice. Inquiries regarding prison conditions, conflicts with inmates or officials, or other complaints should be directed to the appropriate local or state office which oversees your state’s prisons.
What does the U.S. Attorney's office do? The U. S. Attorney's Office prosecutes violations of the federal criminal laws in the Western District of Louisiana. It also represents the United States, its officers, agencies and employees in civil litigation in state and federal courts throughout the district. What kind of cases does the U.S. Attorney's ...
The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. These cases are heard in any of the five federal courthouses in the District, located in Shreveport, Lafayette, Monroe, Alexandria, and Lake Charles. The D.A.'s Office, by contrast, prosecutes state crimes rather than federal crimes.
Most felony cases are charged by indictment. An information, as opposed to an indictment or complaint, is the charging document where a defendant is charged with a misdemeanor (although some defendants give up their right to be indicted by a grand jury and are charged by information instead).
Criminal Cases. Only the government initiates a criminal case, usually through the U.S. attorney’s office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.
If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.”. If the defendant pleads guilty, the judge may impose a sentence, but more commonly will schedule a later hearing to determine the sentence.
At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial.
Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and to prevent intimidation of witnesses.
Sentencing. If the verdict is guilty, the judge determines the defendant’s sentence . During sentencing, the court may consider U. S. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney.
The Judicial Process. Criminal cases differ from civil cases. At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions.
Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial.
If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a bank robbery), a federal law enforcement agency will undertake an investigation to determine whether a federal offense was committed and, if so, who committed it. Two points should be kept in mind:
In order to make that determination, a grand jury may issue subpoenas to whoever may have evidence relevant to the grand jury’s investigation. As part of its investigation, the grand jury also has power to compel testimony, including the testimony of a crime victim.
After arraignment and before trial, the defendant and the government engage in the discovery and motions process. Discovery is the pretrial process by which the defendant and—to a more limited extent—the prosecutor can demand information and material about the case from the other party. In addition, the defense and prosecution usually engage in ...
If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.
In the case of federal offenses that are colloquially known as white-collar crimes (e.g., violations of the federal securities laws), agents often will need to obtain documents from suspects and innocent parties as part of the investigation.
Nonetheless, a victim does not have a right to veto the prosecutor’s decision to engage in plea negotiations or to accept a guilty plea from a defendant as part of a plea bargain. If a plea agreement has been reached, the government and defense counsel present that agreement to the court.
Alternatively, the agents can request a subpoena from a grand jury. A grand jury is an impartial body of citizens drawn from the community that has the responsibility to investigate whether a crime has been committed and by whom.
(a) In deciding whether to conduct a criminal investigation and throughout any such investigation that is undertaken, the prosecutor should consider whether society’s interest in the matter might be better or equally vindicated by available civil, regulatory, administrative, or private remedies.
A prosecutor's investigative role, responsibilities and potential liability are different from the prosecutor's role and responsibilities as a courtroom advocate. These Standards are intended as a guide to conduct for a prosecutor actively engaged in a criminal investigation or performing a legally mandated investigative responsibility, e.g., serving as legal advisor to an investigative grand jury or as an applicant for a warrant to intercept communications. These Standards are intended to supplement the Prosecution Function Standards, not to supplant them. These Standards may not be applicable to a prosecutor serving in a minor supporting role to an investigation undertaken and directed by law enforcement agents.
(a) For the purpose of these Standards, an “undercover law enforcement agent” is an employee of a government agency working under the direction and control of a government agency in a criminal investigation, whose true identity as a law enforcement agent involved in the investigation is concealed from third parties.
(a) As used in these Standards, a “subpoena,” however named or designated, is a written command for a person or entity to provide physical evidence, testimony or documents. A subpoena may be issued by a prosecutor, a court, a grand jury or a law enforcement agency, as provided by the law of the jurisdiction.
(a) In deciding whether to use a grand jury, the prosecutor should consider the potential benefits of the power of the grand jury to compel testimony or elicit other evidence by:
(a) As used in these Standards a “search warrant” is a written command issued by a judge or magistrate that permits law enforcement agents to search specified persons or premises and seize specified effects and information.
(a) The prosecutor should neither confirm nor deny the existence of an investigation, or reveal the status of the investigation, nor release information concerning the investigation, with the following exceptions: