what type of cases does a state attorney general's office do

by Dr. Liza Haag III 4 min read

Representing the state and state agencies before the state and federal courts. Handling criminal appeals and serious statewide criminal prosecutions. Instituting civil suits on behalf of the state.

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.

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 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.

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

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.

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...

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.

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.

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.

What is the role of a state's Attorney General quizlet?

The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. a public official who acts as prosecutor for the state or the federal government in court in a particular district.

What is the difference between Attorney General and Solicitor General?

The Solicitor General of India is subordinate to the Attorney General for India. They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India. Currently, the Solicitor General of India is Tushar Mehta.

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 ...

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.

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 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 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 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.

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 job of the Attorney General?

The attorney general is an executive office in all 50 states and Washington, D.C., that serves as the chief legal advisor and chief law enforcement officer for the state government and is empowered to prosecute violations of state law, represent the state in legal disputes and issue legal advice to state agencies and the legislature.

How many states have an attorney general?

The attorney general is directly elected in 43 states and Washington, D.C. The attorney general is appointed by the state Legislature in Maine, by the state Supreme Court in Tennessee, and by the governor in the remaining five states. Compensation of state attorneys general (2017)

How many territories are there in the US?

Comparison across states. Although Ballotpedia covers the five U.S. territories. The five U.S. territories are American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. and their officeholders, territory officeholders are not included in the following figures.

Which states have elected an attorney general in 2015?

Three states held elections for attorney general in 2015: Kentucky, Louisiana and Mississippi. In Kentucky, Andy Beshear (D) won election to the attorney general seat. Democrat Jim Hood was re-elected in Mississippi, while Republican Jeff Landry defeated incumbent Buddy Caldwell, also a Republican, in a runoff in Louisiana.

Who was the attorney general in 2013?

One state, Virginia, held a regularly scheduled attorney general election in 2013. State Senators Mark Herring (D) and Mark Obenshain (R) faced off in the general election on November 5, 2013, and the race was considered too close to call until the State Board of Elections certified the results of the race on November 25, 2013, naming Herring the victor by a margin of 165 votes. Since the margin was equal to or less than 0.5 percent of the total vote, Obenshain, as the losing candidate, was entitled to request a publicly financed recount, which he did on November 27. The recount began on December 26, and Obenshain conceded to Herring two days later, giving a Democrat control of the office for the first time in almost two decades.

Who ran for governor in 2012?

Two - Montana AG Steve Bullock (D) and Washington AG Rob McKenna (R) - ran for the governorship in their respective states in 2012. One - Utah AG Mark Shurtleff (R) - retired from office. One - 2011 appointee Pennsylvania AG Linda Kelly (R) - did not run for election due to the terms of her Senate confirmation.

Who appointed Ellen Rosenblum?

John Kitzhaber appointed Ellen Rosenblum, who was running for 2012 election to the attorney general post at the time, to serve as interim attorney general for the remainder of his unexpired term. Rosenblum was elected to a full term in the general election on November 6, 2012.

What is the job of a state attorney general?

Each state's attorney general is charged with the responsibility of enforcing the laws, as well as the ability to pass new legislation. The state attorney general also has the higher purpose of protecting the people of the state and their interests. Attorney general duties include providing consumer ...

How long does it take to get a law degree?

Then, prospective lawyers take the Law School Admissions Test (LSAT) and apply to law schools. Finishing law school generally takes three years. Some states have minimum age requirements for their AGs, while others do not.

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.

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