when does the attorney general prosecute

Does the Attorney General have power over the FBI?

Does the Attorney General's Office investigate or prosecute alleged crimes? The Attorney General's Criminal Division investigates and prosecutes crime throughout the State. However, criminal cases which are local in effect are rarely prosecuted by the Attorney General.

Do the Attorney General represent individuals?

Apr 24, 2016 · Philadelphia District Attorney Seth Williams declined to prosecute the case. The attorney general’s office also defends the state when it is sued and can represent state agencies when they are named as a defendant in a lawsuit. The office also has a unit that pursues antitrust claims, environmental hazards, and investigates consumer and ...

How do you contact Attorney General?

Jan 06, 2022 · Manhattan district attorney announces he won't prosecute certain crimes. Manhattan district attorney Alvin Bragg, a former top deputy to New York's attorney general, speaks to supporters in New ...

Who gets paid more a prosecutor or a defense attorney?

The Attorney General's authority to prosecute crimes is found throughout the laws of New York State. For example, the Attorney General has independent criminal jurisdiction to prosecute fraud in the sale of securities, bid-rigging, and violations of the New York State Labor Laws dealing with the amount that workers must be paid. In other instances, the Attorney General’s jurisdiction …

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 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 does the attorney general do in Canada?

Chief Law Officer of the Government As chief law officer, the Attorney General provides independent legal advice to the Government. The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that government actions are legally and constitutionally valid.

What are the duties and responsibilities of the attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

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.

How long do DOJ investigations last?

So if you have still not been charged after the time set by the statute of limitations, the investigation is effectively over. For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.

Who does the Attorney General of Canada report to?

Parliament Prime MinisterMinister of Justice and Attorney General of CanadaMinister of Justice Attorney General of CanadaMember ofParliament Privy Council CabinetReports toParliament Prime MinisterAppointerMonarch (represented by the governor general); on the advice of the prime ministerTerm lengthAt Her Majesty's pleasure10 more rows

What power does the Attorney General have in Canada?

The Attorney General protects the interests of the Crown by litigating on behalf of the Crown and by providing legal advice to the Government, departments and agencies of government.Aug 9, 2021

What does the R stand for in RV accused?

"R" stands for Regina, which is Latin for the Queen. The Crown of Canada (aka Regina) is thus a party to the case.

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 difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

What is meant by Solicitor General?

nounWord forms: plural solicitors general. 1. a law officer who maintains the rights of the state in suits affecting the public interest, next in rank to the attorney general. 2. the chief legal officer in some states.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

Does the Attorney General give legal advice?

In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

Who was the Lord Advocate?

After the Acts of Union 1707, the Lord Advocate became the chief legal advisor to the British government in respect of Scotland.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

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 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 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.

What is the criminal division?

The Criminal Division is comprised of the Criminal Enforcement and Financial Crimes Bureau, the Medicaid Fraud Control Unit, the Organized Crime Task Force, and the Public Integrity Bureau.

What is the Medicaid fraud control unit?

Medicaid Fraud Control Unit. The Medicaid Fraud Control Unit (“MFCU”), the largest unit within the Attorney General’s Criminal Division, is the centerpiece of New York’s effort to investigate, penalize, and prosecute individual and companies responsible for improper or fraudulent Medicaid billing schemes. In addition, the MFCU is the only law ...

What is the OCTF?

The Organized Crime Task Force (“OCTF”) is a division of the New York State Department of Law that specializes in the investigation and prosecution of multi-county and multi-state organized criminal activities.

What is the purpose of the Public Integrity Bureau?

The Public Integrity Bureau (“PIB”) investigates and seeks to vindicate the public's interest in honest government. When government actors, or private individuals acting in concert with them, engage in corruption, fraud or illegal behavior in the course of their public duties, the PIB may investigate or take enforcement action to restore the public's interest in honest government and the integrity of government officials at the state and local level. Specifically, PIB handles complex investigations into government corruption, fraud and abuse of authority. Although PIB is part of the Criminal Division, PIB brings cases pursuant to both civil and criminal authority. The Bureau can also issue reports about its investigations and findings.

What is AIFU in insurance?

The Auto Insurance Fraud Unit (AIFU) was established in response to an executive order signed by Governor Pataki on May 9, 2001. That order appointed the Attorney General as Special Prosecutor to investigate and prosecute criminal acts relating to fraudulent motor vehicle insurance claims. AIFU has a staff consisting of attorneys, investigators, auditors and analysts. AIFU, which is part of the Criminal Enforcement and Financial Crimes Bureau, conducts long-term investigations and prosecutions of individuals and groups involved in committing insurance fraud under the state's no-fault law and related crimes. Its investigations focus on individuals who stage motor vehicle accidents in order to submit fraudulent injury claims to insurance carriers, corrupt medical providers which participate in the submission of phony claims, and law firms which file fraudulent suits stemming from such incidents.

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.

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.

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 criminal prosecution?

The Criminal Prosecutions Division has four sections that aid local jurisdictions where the county may not have the expertise or the resources available to investigate or prosecute a complex case. They assist if a conflict of interest prohibits the local jurisdiction from taking part in the case.

What is JCI in law enforcement?

JCI works to provide youth, parents, educators, and law enforcement with the resources needed to combat juvenile crime and gang activity in our communities. JCI also provides training and publishes handbooks on juvenile crime and juvenile law.

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 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.

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)

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.

How many elections were held in 2010?

Thirty attorney general elections were held on November 2, 2010. Of the 30 seats that were up for election, 20 were held by a Democrat and 10 by a Republican. Of those 30 races, 16 were won by Republicans and 14 by Democrats- a net gain of six by Republicans over their pre-election total.

Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the Attorney-General is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cashis the current Attorney-General. …

Etymology

Similar offices in non-common law jurisdictions

External links