who can act as a county attorney

What is the role of the county attorney?

The county attorney represents the state in the justice of the peace and county courts, defends suits in which the county is interested, and serves as legal advisor to county and precinct officials. If the county has no district attorney, the county attorney also represents the state in district courts.

Can a county have a district attorney and a county attorney?

Note: Some counties do not have both a county attorney and a district attorney. These counties have either a criminal district attorney or a combination county and district attorney. In these counties, one office performs the functions of both the county attorney and the district attorney.

What is the difference between a county attorney and state attorney?

State's Attorneys generally represent a defined geographic area, such as a county, judicial district or judicial circuit. These generally hold the title of County Attorney, District Attorney or Circuit Attorney, respectively. State's Attorneys can also represent a city and be known as a City Attorney.

Can the county attorney's office give me legal advice?

Please Note : By law, the County Attorney's Office is prohibited from giving legal advice to the general public. See Legal Resources for general assistance.

What is a county attorney in Texas?

A county attorney in Texas has the following duties: Represents the state in prosecuting misdemeanor criminal cases. Works with law enforcement officers in the investigation of criminal cases. Provides legal advice to the Commissioners Court and to other elected officials.

What is the difference between a county attorney and a district attorney in Texas?

If there is both a district attorney and a county attorney, the county attorney prosecutes misdemeanor offenses, and the district attorney handles felonies. However, some counties have a county attorney with felony responsibility. A variety of statutes govern the duties of the county attorney.

Are Texas county attorneys elected?

County attorney is an elected position in the state of Texas according to the state's constitution.

Do all counties in Texas have a district attorney?

Note: Some counties do not have both a County Attorney and a District Attorney. These counties have either a Criminal District Attorney or a combination County and District Attorney. In these counties, one office performs the functions of both the County Attorney and the District Attorney.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

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.

Do you have to be a lawyer to be a county judge in Texas?

The County Judge is not required to be an attorney, but the Texas Constitution requires that the Judge be well informed in the law of the State of Texas.

How do you become a district attorney in Texas?

In order to become a district attorney, you must earn a law degree, become a member of the American Bar Association, obtain a Juris Doctor (J.D.) degree and gain some trial experience.

How are district attorneys selected?

District attorneys are either elected by the local constituents they represent or appointed by the chief executive of the jurisdiction. Except for the District of Columbia and three states—Connecticut, New Jersey, and Alaska—other 47 states across the country elect their District Attorneys.

What do district attorneys do?

A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.

Who is the DA in Texas?

Stacey M. Soule, State Prosecuting Attorney.

How many counties are there in TX?

254 countiesTexas' 254 counties range in population from more than 4 million people (Harris County) to just over 100 (Loving County, on the New Mexico border).

What is an attorney in fact?

An attorney in fact is a person legally designated by another to act on his or her behalf.

How to select an attorney?

There is no set rule on how to select an attorney in fact but what’s important is that you fully trust the person and are confident that this person will act in your best interest.

How long can an attorney in fact be appointed?

A principal can appoint an attorney in fact for a specific period of time or can appoint the person on an ongoing basis until he or she revokes the power of attorney or becomes incapacitated.

What happens to the attorney in fact after the principal dies?

In the event of the principal’s death, the attorney in fact’s mandate is terminated in law. Following death, the executor of the estate will be granted the powers to make decisions on behalf of the deceased.

What is a limited power of attorney?

Under a limited power of attorney, the principal grants the attorney in fact powers to perform certain transactions or handle specific legal tasks. Finally, under a special power of attorney, the attorney in fact has a very specific mandate to do a very specific thing or sign a particular document and nothing else.

When does an attorney in fact's power lapse?

When a person appoints another for a specific period of time, the attorney in fact’s powers will lapse once the term of the POA has arrived.

When does a power of attorney end?

A power of attorney, whether general, limited or special, is typically valid during the life of a person and will terminate when the principal becomes incapacitated or dies.

Why is it important to provide contact information for a criminal case?

Whether you are the victim of a violent crime such as assault or a property crime such as theft or criminal mischief, it is extremely important for you to provide our office with accurate contact information so that the prosecutor assigned to the case can reach you. Often, the willingness of a victim to testify makes the difference between a trial and the defendant accepting an agreed punishment.

What to do if you are listed as a victim in a crime report?

If you are listed as the victim in a crime reported to our office for prosecution, you should be receiving a letter in the mail asking for basic contact information and any out of pocket expenses which you have incurred due to the crime. Please reply to this letter by fax, phone, or letter as soon as possible.

Does Williamson County respect victims?

The Williamson County Attorney's Office respects the rights of crime victims. Prosecutors will do everything within their power to ensure that victims have a voice in the courtroom.

What is the job of a state attorney?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people.

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

How do police arrest a suspect?

First, police file a warrant or charging request with the State's Attorney following an investigation. Attorneys review the request and may decide to issue a warrant, which allows the police to arrest the suspect. An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea.

What is the job of a criminal prosecutor?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan ]. First, police file a warrant or charging request with the State's Attorney following an investigation.

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

How many lawyers are there in Cook County?

For example, the Cook County State's Attorney in Chicago has more than 900 lawyers and a total staff of 1,600 employees [source: Cook County State's Attorney's Office ]. Assistant State's Attorneys, also known as Deputy State's Attorneys,are the ones who actually appear in court, file the legal briefs and interview witnesses. The State's Attorney, on the other hand, is in charge of policy, staffing and running the office, and making decisions about certain high-profile cases.

What is an arraignment in court?

An arraignment in court follows, at which the suspect is formally charged with a crime and enters a plea. Depending on the type and severity of a crime, there can be several pretrial hearings. At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Advertisement.

What are the qualifications to be an attorney in fact?

There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated. The best choice is someone you trust. Integrity, not financial acumen, is often the most important trait of a potential agent.

Why do you need a power of attorney?

Another important reason to use power of attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity. Such a disability may be temporary, for example, due to travel, accident, or illness, or it may be permanent.

What is the power of attorney in fact?

Generally, the law of the state in which you reside at the time you sign a power of attorney will govern the powers and actions of your agent under that document.

What to do if you are called upon to take action as someone's agent?

If you are ever called upon to take action as someone’s agent, you should consult with an attorney about actions you can and cannot take and whether there are any precautionary steps you should take to minimize the likelihood of someone challenging your actions.

How long does a power of attorney last?

Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document.

Why is a power of attorney important?

A power of attorney allows you to choose who will act for you and defines his or her authority and its limits, if any.

What is a springing power of attorney?

The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The latter is called a "springing" power of attorney.