who can bring charges against the attorney general

by Prof. Delmer Pfannerstill 7 min read

Can the Attorney General question Donald Trump under oath?

Jan 21, 2022 · Messages to the Department of Justice, including the Attorney General, may be sent using this form….The Department may be contacted by phone at the following: Can an attorney general bring charges? The Attorney General’s Criminal Division investigates and prosecutes crime throughout the State. However, criminal cases which are local in ...

Can New York’s Attorney General open a criminal investigation without a green light?

Jul 25, 2019 · The Justice Department will not bring charges against Attorney General William Barr and Commerce Secretary Wilbur Ross after the House voted last week to hold them in criminal contempt. The House ...

Why is Trump suing the Attorney General of New York?

Aug 04, 2021 · Under New York’s executive law, the attorney general can’t open criminal investigations or bring charges without a green light from the governor or one of his department heads. James never got such...

Should the Attorney General’s office question Trump and his children?

Aug 03, 2021 · Why New York attorney general did not bring charges against Cuomo. August 3, 2021, 12:52 PM. Following the New York Attorney General's report that Governor Andrew Cuomo sexually harassed multiple women, NBC News' Rehema Ellis and Danny Cevallos analyze the investigation, why there were no charges brought and whether the governor could resign.

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Who does the NYS Attorney General report to?

the Governor of New YorkThe Attorney General acts independently of the Governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

Is the attorney general a prosecutor?

Section 11 of the Criminal Procedure Code 2010 provides that the Attorney-General shall be the Public Prosecutor, with control and direction of all criminal prosecutions and proceedings.

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.

Can the AG prosecute?

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 California Supreme Court. Additionally, the attorney general is responsible for issuing formal legal advice to state agencies and officers.

Is Attorney General a constitutional post?

The Attorney General is selected by the Government and acts as its advocate, and hence is not a neutral person. Nevertheless, it is a constitutional authority, and his or her opinions are subject to public scrutiny.

What does prosecuted mean?

Prosecute is generally found today in a legal context (“to bring legal action against for redress or punishment of a crime or violation of law”), although the word may also be used to mean “to follow to the end” or “to engage in.” If someone is prosecuted they are being tried in a court of law; if they are persecuted ...Feb 17, 2022

How can charges be dropped before court date?

How Criminal Charges Get DismissedProsecutors. After the police arrest you, the prosecutor charges you with a criminal offense. ... Judge. The judge can also dismiss the charges against you. ... Pretrial Diversion. ... Deferred Entry of Judgment. ... Suppression of Evidence. ... Legally Defective Arrest. ... Exculpatory Evidence.Jun 22, 2021

Is malicious prosecution a crime?

A claim of malicious prosecution is a civil case, not a criminal one. This claim is meant to deal with filed lawsuits that are: ... filed to harass; and. completely without merit.

What is a 1983 claim?

§ 1983, that allows people to sue the government for civil rights violations. It applies when someone acting "under color of" state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

What does an attorney general do?

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.

What is one reason a prosecutor may decide to dismiss a case?

A prosecutor may voluntarily dismiss a case without prejudice in order to file a more or less serious case (as in the previous battery/assault example), to address a weakness or error in some part of the case (such as the evidence), or if they are not ready to go to trial at the date called by the judge.