where does the california state attorney general come into the case?

by Sydnee Hickle 5 min read

What is an attorneys general and what do they do?

The DOJ does not maintain or provide certified copies of California Local and/or Superior Court Records and as such, does not provide these source documents. To obtain a transcript, you will need to contact the court with jurisdiction over your particular case(s) for certified documents.

What is an attorney general investigation or action?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

Who will be the legal assistant for the grand jury?

Bureau of Investigation The Division of Law Enforcement’s Bureau of Investigation (BI) is comprised of Special Agents that perform a myriad of duties. Agents are experts in conducting complex criminal investigations ranging from identity theft to trans-national criminal enterprises. Agents are assigned to regional offices and task force offices throughout the state.

When does the Department of Justice take jurisdiction of a case?

Mar 15, 2013 · An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena. Sometimes, however, the first time one hears from an attorney general is after a lawsuit has been filed. The first steps you take after hearing from an attorney general are critical.

Who does the California attorney general report to?

the California Department of JusticeThe California attorney general carries out the responsibilities of the office through the California Department of Justice. The department employs over 1,100 attorneys and 3,700 non-attorney employees.

Does the US attorney general appear in court?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.Mar 12, 2021

What does the attorney general of California oversee?

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 power does the attorney general have?

The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.

Who is the highest law enforcement officer in the US?

The chief of police (COP) is the highest-ranking officer in the police department. As the general manager or CEO of the police department, the COP is responsible for the planning, administration, and operation of the police department.

What branch of government does the DOJ fall under?

federal executive departmentThe United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States....United States Department of Justice.Agency overviewWebsiteJustice.gov11 more rows

How many attorney generals are there in California?

33 California attorneys generalThere have been 33 California attorneys general since 1849. Of the 32 officeholders, 19 were Democrat, 13 were Republican and one was American Independent.

How much does the attorney general of California make?

State executive salariesOffice and current officialSalaryGovernor of California Gavin Newsom$209,747Lieutenant Governor of California Eleni KounalakisAttorney General of California Rob BontaCalifornia Secretary of State Shirley Weber6 more rows

What does the California DOJ do?

The California Department of Justice (CA DOJ or CAL DOJ) is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the California Attorney General (AG) which carries out complex criminal and civil investigations, prosecutions, and other ...

What is the difference between Attorney General and Governor General?

The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure.

What is the difference between solicitor general and attorney general?

The Solicitor General for India is the second law officer of the country, assists the Attorney General, and is himself assisted by four Additional Solicitors General for India. Unlike the Attorney General, Solicitor General does not tender legal advice to the Government of India.Aug 11, 2017

How many attorneys general are there in the US?

Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term. 11 face a two term limit, otherwise unspecified.

Who can request a copy of criminal history?

Penal Code section 11105 expressly authorizes the DOJ to disclose state summary criminal history information to law enforcement agencies for law enforcement purposes only, to certain employers or regulatory agencies, or to the person who is the subject of the record. Individuals have the right to request a copy of their own criminal history record ...

How long does the DOJ keep criminal records?

The record retention policy of the Department is to maintain criminal history information until the subject reaches 100 years of age.

What happens if you feel your criminal record is incorrect?

If you feel the information contained within your criminal history is incorrect, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department , pursuant to California Penal Code sections 11120-11127.

Does the DOJ maintain California court records?

The DOJ does not maintain or provide certified copies of California Local and/or Superior Court Records and as such, does not provide these source documents. To obtain a transcript, you will need to contact the court with jurisdiction over your particular case (s) for certified documents.

Does Section 1203.4 obliterate the fact that a defendant has been adjudged guilty of a

Section 1203.4 does not obliterate the fact that a defendant has been "finally adjudged guilty of a crime." It merely frees the convicted felon from certain "penalties and disabilities" of a criminal or like nature.

Is criminal history public record?

Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute. Penal Code section 11105 expressly authorizes the DOJ to disclose state summary criminal history information to law enforcement agencies for law enforcement purposes only, to certain employers or regulatory agencies, or to the person who is the subject of the record.

What is the BI in law enforcement?

The Division of Law Enforcement’s Bureau of Investigation (BI) is comprised of Special Agents that perform a myriad of duties. Agents are experts in conducting complex criminal investigations ranging from identity theft to trans-national criminal enterprises. Agents are assigned to regional offices and task force offices throughout the state.

What is a CRV in California?

This cost, commonly referred to as the California Redemption Value (CRV), is then passed along the chain of distribution and is ultimately borne by consumers of beverages at grocery stores, vending machines, and restaurants. California Department of Resources Recycling and Recovery (CalRecycle) uses the monies in the Recycling Fund to repay the initial redemption payment (the CRV) to eligible claimants who present empty CRV eligible bottles and cans for redemption. CRV eligible bottles and cans may be presented for redemption value at any recycling center that is certified by CalRecycle.

What is the truth program?

The Tax Recovery in the Underground Economy (TRUE) program was established by Assembly Bill 1296 on January 1, 2020. TRUE joins existing state resources to collaboratively combat illegal business activities that rob California of public funds and its citizens of public services. TRUE is comprised of investigators, special agents and prosecutors from multiple agencies working together to recover revenue lost to the underground economy.

What is CCSP in drug testing?

Controlled Chemical Substance Program (CCSP) This program diverts and monitors precursor chemicals, regulated chemical substances and laboratory items that can be used to produce illicit drugs such as methamphetamine, cocaine, heroin, or ecstasy.

What is clandestine lab?

Clandestine Laboratory Coordination Program (Clan Labs) This program is part of a national strategy, intelligence sharing and training initiative addressing methamphetamine and pharmaceutical drug crimes in the United States.

What is the campaign against marijuana?

Campaign Against Marijuana Planting (CAMP) This program, along with local, state, and federal partner agencies, eradicate the large scale illegal marijuana cultivations from public and private lands that cause deforestation, damage to wildlife habitats, pose dangers to the public, and hazardous chemical pollutions.

What is the Anti-Terrorism Program?

This program works with federal, state, and local law enforcement agencies for the purpose of detecting, investigating, prosecuting, dismantling, preventing and responding to domestic and international terrorist activities in a unified and coordinated manner.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What to do if a lawsuit is commenced?

If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.

What is the importance of injunctive provisions in a written settlement?

If the resolution involves a written settlement, it is critical that the injunctive provisions therein be narrowly crafted, not only to allow for lawful business, but also to contemplate future technologies, business models and business interests.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

How to contact Kleinmoynihan?

If you are interested in ensuring that you are compliant with current regulations or if you are facing an investigation from a state attorney general or other regulatory agency, please e-mail us at [email protected], or call us at (212) 246-0900. Attorney Advertising. Related Blog Posts:

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.

What is Senate Bill 630?

In 2019, Senate Bill 630 (Stern) helped provide additional clarity on the role of local governments in adopting and enforcing rules at the local level to prevent slavery or human trafficking.

What is the California law on human trafficking?

The state of California has taken steps to fight human trafficking, and established guidelines for select businesses to aid in finding victims of human trafficking. In 2013, the State enacted Senate Bill 1193 (Steinberg), which added Section 52.6 to the California Civil Code. Section 52.6 mandates that specified businesses ...

What is the bill that increases access to human trafficking resources?

In 2018, Assembly Bill 2034 (Kalra) increased access to human trafficking resources by allowing local agencies and school districts to seek reimbursement for certain costs mandated by the model notice posting requirement.

How many victims of sex trafficking are young women?

Young girls and women are 57.6% of forced labor victims and 99.4% of sex trafficking victims. In recent years, transnational criminal organizations and affiliated domestic gangs have expanded from drug and firearm trafficking to the trafficking of human beings. In the past, the U.S. Department of State has estimated that 14,500 to 17,500 victims ...

How many people are victims of human trafficking?

The International Labor Organization estimates that there are more than 24.9 million human trafficking victims worldwide at any time. This includes 16 million victims of labor exploitation, 4.8 million victims of sexual exploitation, and 4.1 million victims of state imposed forced labor.

Is human trafficking a crime?

Human trafficking strips victims of their freedom and violates our nation's promise that every person in the United States is guaranteed basic human rights. It is also a crime. Attorney General's Office is focused on combating the pervasive issue of human trafficking in California and has made it one of his top priorities.

Which state has the most human trafficking?

California – a populous border state with a significant immigrant population and the world's fifth largest economy – is one of the nation's top destination states for trafficking human beings.

What happens if you get a summons from a debt collector?

If you get a summons notifying you that a debt collector is su ing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.

Where to report a debt collector?

Reporting a Complaint. If you believe a debt collector is violating the law, you may report your complaint with the Attorney General's Office. The Office uses complaints to learn about misconduct. However, we cannot give legal advice or provide legal assistance to individuals.

How long does it take for a debt collector to contact your employer?

Otherwise, the debt collector must contact your employer in writing. If the collector receives no response to its written contact within 15 days, it may then call or otherwise contact your employer.

How long does it take for a debt collector to send a validation notice?

Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.

What happens if you receive a notice from a debt collector?

Protecting Consumers. Debt Collectors. If you receive a notice from a debt collector, it's important to respond as soon as possible —even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.

How to contact a debt collector?

You may ask a debt collector to contact you only by mail, or through your attorney, or set other limitations. Make sure you send your request in writing, send it by certified mail with a return receipt, and keep a copy of the letter and receipt.

What to do if you have already paid a debt collector?

If you have already paid the bill that the debt collector is trying to collect, include that explanation in your letter and send copies (but not originals) of any receipts, canceled checks, or other information you have to show that you already paid the bill.

What is the case law of the grand jury?

Many of the statutory provisions relative to the grand jury have been reviewed and interpreted by the California Supreme Court and the Courts of Appeal. Their written opinions, known as "case law," clarify the powers and duties of the grand jury.

How many grand juries are there in California?

In California, the grand jury system consists of 58 separate grand juries—one in each county—that are convened on an annual basis by the Superior Court to carry out three functions: Investigating and reporting on the operations of local government (which is known as the "watchdog " function a civil, rather than criminal function),

How many disqualifiers are there for grand jury selection?

There are only four disqualifiers. A person is ineligible to act as a grand juror if he or she: Is serving as a trial juror in a state court at the time of selection, Has been discharged from grand jury service within the preceding year, Has been convicted of malfeasance in office or any felony or other high crime, or.

What is the purpose of a grand jury?

In this way, the grand jury acts as a representative of county residents in promoting government accountability.

What does a jury determine?

In addition to determining if the official or entity under investigation is adhering to the laws that govern the operations of that entity, the jury analyzes whether the entity is operating in a businesslike manner and providing public services effectively and economically.

How often is a grand jury summoned in California?

Section 23 of Article 1 of the state Constitution requires that a grand jury "be drawn and summoned at least once a year in each county.". This Constitutional mandate is supported by statutory provisions found in the following: Sections 888 through 939.91 of the California Penal Code—relating to the selection and impanelling ...

What are the three avenues of investigation?

Ideas for investigations generally come by way of three avenues: citizen complaints, matters raised by the members of the grand jury, and. referrals from the preced ing grand jury. During its investigations, the grand jury acts as a finder of fact.

What is the travel prohibition?

The travel prohibition applies to state agencies, departments, boards, authorities, and commissions, including an agency, department, board, authority, or commission of the University of California, the Board of Regents of the University of California, and the California State University. (Gov. Code, § 11139.8, subd. (b).)

Does AB 1887 apply to California?

These exceptions only apply if travel to a subject state is "required.". ( Ibid .) Specifically, AB 1887 does not apply to state travel that is required for any of the following purposes: Enforcement of California law, including auditing and revenue collection. Litigation.

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.

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.

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.

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.

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.

Authority

  • The office of attorney general is established by the California Constitution. California Constitution, Article 5, Section 11
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Qualifications

  • State law requires that the attorney general be admitted to practice before the California Supreme Courtfor five years before election. California Government Code, Section 12503 Additionally, each candidate for attorney general must: 1. Be a registered voter 2. Be registered with their party for at least three months 2.1. Not have been registered with a different political party in the last 12 mo…
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Elections

  • Attorneys general are elected on the first Tuesday after the first Monday in federal midterm election years, e.g. 2018, 2022, 2026 and 2030.Like all constitutional state officers, the attorney general assumes office on the first Monday in the new year following the election. California Constitution, Article 5, Section 11
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Vacancies

  • The vacancy procedure for the office of attorney general is determined by the Constitution. When a vacancy occurs, the governornominates a replacement to serve the remainder of the term under the next election. The appointee must be confirmed by a majority of both house of the California legislature. Until the replacement is approved, the former officeholder's chief deputy exercises th…
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Duties

  • The attorney general acts as the state's chief law officer and oversees the California Department of Justice. He or she supervises the state's district and city attorneys, as well as its law enforcement officers. The attorney general may personally prosecute any case that would normally be handled by a district or city attorney and represents the state in all cases before the …
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Divisions

  • As of January 12, 2021, the California Attorney General's Office is composed of the following divisions. 1. Public Safety 2. Opinions and Quo Warranto 3. Research Advisory Panel 4. Research Center 5. Children & Families 6. Civil Rights 7. Consumer Protection 8. Environment & Public Health
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Historical Officeholders

  • There have been 33 California attorneys general since 1849. Of the 32 officeholders, 19 were Democrat, 13 were Republican and one was American Independent.
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Recent News

  • The link below is to the most recent stories in a Google news search for the terms California Attorney General Rob Bonta.These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
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Contact Information

  • Physical address: Attorney General's Office California Department of Justice Attention: Public Inquiry Unit Post Office Box 944255 Sacramento, CA 94244-2550 Phone: 916-210-6276 Fax:916-323-5341
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