when can the us attorney general charge

How is the Attorney General of the United States appointed?

The attorney general is a statutory member of the Cabinet of the United States . Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

When did the Department of Justice take over the Attorney General?

Prior to the existence of the Department of Justice, the U.S. attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

What is the primary duty of the US Attorney General?

The primary duty of the United States Attorney General is to uphold and serve the best interest of the public within the United States’ jurisdiction.

Who is the most recent US Attorney General to die?

The most recently serving attorney general to die was Janet Reno on November 7, 2016 (served 1993–2001, born 1938). U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors.

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What is the primary duty of the Attorney General?

Primary Duty of the United States Attorney General: The primary duty of the United States Attorney General is to uphold and serve the best interest of the public within the United States’ jurisdiction. The United States Attorney General is responsible for enforcing civil rights, blocking or preventing unfair consumer practices and improving ...

What are the two types of Attorney Generals?

In the United States of America there are two types of attorney generals: those who operate for state governments in a local setting and the individual who acts as the chief legal advisor for the United States Federal Government.

Who can represent the government?

The United States attorney general may represent the government as a whole, or represent a single government employee (such as a congressional representative or head of an agency) in any serious legal charge filed against the system.

Can the Attorney General represent an individual?

That being said, the United States Attorney General may only represent an individual officer, in the court of law, if that subject currently serves for the government.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

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.

Who determines if a case will be brought in federal court?

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.

Why are federal prosecutions declined?

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.

What is a Rule 35 B motion?

The United States Attorney has exclusive jurisdiction to file a Rule 35 (b) motion for downward departure of a sentence based upon, but not limited to, such factors as the defendant providing substantial assistance, his or her criminal conduct in the instant case, and the defendant's role in the alleged offense.

Who to contact to file a motion in court?

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.

Do state prisons fall under the jurisdiction of the Department of Justice?

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.

When was the Office of the Attorney General created?

History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...

When did the interim appointment authority change?

Therefore, at that time, the interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts. Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems.

When did the Department of Justice become independent?

Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

Who is responsible for presenting the case against an individual suspected of breaking the law?

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.

Can a citizen represent the United States in court?

However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties.

Insurrection Act

This law prohibits anyone who "incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto." In the first place, this law has almost never been invoked. The leading precedent on the statute comes from a case from 1863!

Election fraud

This law bans "attempts to deprive or defraud residents of a State of a fair and impartially conducted election process, by . [the] tabulation of ballots known by the person to be materially false, fictitious, or fraudulent." Under this theory, by instructing his attorney general to say there was fraud in Georgia, Trump committed this crime.

Obstruction of justice

This law makes it a crime to corruptly obstruct, influence or impede any official proceeding or attempt to do so. Once more, the issue would be intent -- here reflected in the word "corruptly." In his January 6 speech, Trump encouraged the crowd to march to Capitol Hill but he did not explicitly encourage violence.

Hatch Act

The Hatch Act prohibits federal employees from engaging in partisan political activity. The president himself is explicitly exempt from the strictures of the Hatch Act, but could be charged with the provision that makes it "unlawful for any person to intimidate, threaten, command, or coerce" a federal employee to "engage in ...

Conspiracy to defraud the United States

This broad provision, much loved by prosecutors, makes it a crime to "conspire to commit any offense against the United States, or to defraud the United States." The first part of this law runs into the same problem as the specific statutes noted above -- that it's difficult to prove an underlying crime.

How long does it take for a dating service to cancel a contract in New York?

New York State law requires dating services to give their customers a three-day "cooling off" period within which to cancel a contract. If you sent your cancellation notice by certified mail within three days of signing the contract, they must give you a full refund. Back to top. Question:

How much does a car insurance company charge for accidental damage?

The agency may, however, charge you up to a maximum of $100 for accidental damage to, or loss of use of, the vehicle. There are exceptions such as if the driver is intoxicated or committing a criminal act, in which event the driver may be held responsible for actual damage, or loss or use of the vehicle.

How much does it cost to file a prospectus in New York?

Answer: The fee for filing an initial prospectus is: $750, thereafter, a franchisor’s filing fee is $150 for an amendment/renewal of the prospectus, which must be submitted within 120 days of the franchisor’s fiscal year. Checks must be drawn on U.S. Banks, and must be payable to the New York State Department of Law.

What law requires charitable organizations to provide a copy of their financial report?

In addition, both New York's Executive Law ( Article 7-A) and the Internal Revenue Code require most charitable organization that solicit your contribution to provide you with a copy of their latest financial report.

How much money can you sue in New York?

In small claims court you can use simplified legal procedures to sue for up to $5,000 in money damages ($3,000 in small claims part of justice courts) without having to employ an attorney.

How to file a complaint against age discrimination?

Answer: Senior citizens who feel they are victims of age discrimination may file a complaint with the Division of Human Rights by calling (518) 474-2705. Seniors may also file a complaint with the Attorney General's Civil Rights Bureau in New York City by calling (212) 416-8240. Back to top.

Can an advertising solicitation look like a bill?

Answer: An advertising solicitation which is designed to look like a bill or invoice cannot be sent to consumers unless it contains the following conspicuous disclosure: "This is a solicitation for the order of goods or services and not a bill, invoice or statement of account due.