The only charge a State Attorney cannot file based on his or her constitutional authority is first-degree murder. All first-degree murder cases must be presented to a grand jury. A Grand Jury is an investigating, reporting, and accusing agency of the circuit court (or of the Florida Supreme Court in the case of the Statewide Grand Jury).
Full Answer
How does a state attorney work in the US?
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.
What is the role of the state Attorney General?
Sep 09, 2021 · State Disciplinary Boards. Each state has a disciplinary board that enforces state ethics rules for lawyers. The board is usually an arm of the state’s supreme court and has authority to interpret ethics rules, investigate potential violations, conduct evidentiary hearings, and administer attorney discipline.
What is the difference between a county attorney and state attorney?
Mar 23, 2010 · But a State's Attorney hardly ever does the job alone. Many have offices that contain dozens or even hundreds of appointed assistant or deputy State's Attorneys, as well as support staff. These assistants or deputies are the ones who routinely appear in court, representing the State's Attorney's office.
How do I file a complaint against a lawyer?
The attorney general is an executive office in all 50 states 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. In most states, the attorney general has a substantial influence …
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Who do state attorneys work for?
A state advocate's work is also done in court, although more preparation and research on cases is necessary. State advocates are appointed by the National Prosecuting Authority and are attached to the Office of the National Director of Public Prosecutions.
Does the US attorney general report to the president?
The attorney general serves as the principal advisor to the president of the United States on all legal matters. ... 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.
Who does the New York state attorney general report to?
Governor ofThe 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).
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.
What power does the US Attorney General have?
The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.
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.
How do I file a complaint with the NYS Attorney General?
ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...
What is the role or responsibility of the attorney general of New York State?
As head of the Department of Law, the Attorney General is both the “People's Lawyer” and the State's chief legal officer. As the “People's Lawyer,” the Attorney General serves as the guardian of the legal rights of the citizens of New York, its organizations and its natural resources.
Is New York an attorney state?
Are You In An Attorney State?StateAttorney State?New MexicoNoNew YorkYes - Attorney StateNorth CarolinaYes - Attorney StateNorth DakotaYes - Attorney State47 more rows•Jan 4, 2022
What does suits against states mean?
The legal protection that prevents a sovereign state or person from being sued without consent.
Can you sue a state official?
It is not easy to sue a state government. Generally, a state is immune from lawsuits. This is called “sovereign immunity,” and it prevents you from being able to bring a lawsuit even when a state injures you.
How will you know that it is a suit against the state?
The rule is that if the judgment against such official will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of the amount needed to pay the damages awarded against him, the suit must be regarded as against the state itself although it has not been formally impleaded ...Apr 23, 2017
Who reviews ethics complaints?
In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.
What is the responsibility of a lawyer?
Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible.
How to file a complaint against a lawyer?
In most states, you can file your complaint by mailing in a state-issued complaint form or a letter with the lawyer's name and contact information, your contact information, a description of the problem, and copies of relevant documents. In some states, you may be able to lodge your complaint over the phone or online.
Do lawyers make mistakes?
Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule a meeting. Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, ...
What are the rules of professional conduct?
The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.
Can you win a malpractice lawsuit?
If you’re looking for compensation, a malpractice lawsuit is generally the way to go. However, legal malpractice lawsuits can be very difficult to win. Among other things, you must show that your lawyer made a significant mistake in your case and that you suffered a monetary loss because of it.
What is the duty of a lawyer?
Lawyers have a duty to keep their clients reasonably informed about the status of their cases, to respond promptly to requests for information, and to consult with their clients about important decisions in their cases (for example, whether to accept a settlement offer). Not returning the client's documents.
What is a prosecutor?
A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is ...
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 ...
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 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 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.
How many judicial districts does the US have?
One U.S. Attorney is assigned to each of 93 federal judicial districts around the country and is the top law enforcement official for the federal government in those districts. From there, the attorney will prosecute criminal cases, represent the federal government and collect debts owed to the federal government.
What happens before a trial?
Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.
What does a state attorney general do?
State attorneys general enforce both state and federal laws. Because they are sworn to uphold the United States' constitution and laws as well as the state's, they often decline to defend the state in federal lawsuits.
How long is the attorney general's term in Tennessee?
The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term.
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.
What is a district attorney?
In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.
What is a DA?
In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.
What is the role of a prosecutor?
In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).
What does a county attorney do?
For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.
What is an assistant district attorney?
The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws, ...
Is the salary of an ADA lower than the salary of an elected DA?
The salary of an ADA will be lower than the elected DA. The non-monetary benefits of the job induce many to work as an ADA; these include the opportunity to amass trial experience, perform a public service, and network professionally.
What is the Servicemembers and Veterans Initiative?
The Servicemembers and Veterans Initiative coordinates with Department of Justice components and federal agencies to build a comprehensive legal support and protection network focused on serving servicemembers, veterans, and their families.
What is the Ovw?
OVW is responsible for coordination with other departments, agencies, and offices regarding all activities authorized or undertaken under the Violence Against Women Act of 1994 and the Violence Against Women Act of 2000. Website | Contact Information. Office of Tribal Justice.
What is the mission of OLA?
The mission of OLA is to advise appropriate components of the Department on the development of the Department’s official policies through legislation initiated by the Department, by other parts of the executive branch, or by Members of Congress, and to explain and advocate the Department’s policies to the Congress.
What is the NSD?
National Security Division (NSD) The mission of the National Security Division (NSD) of the Department of Justice is to carry out the Department’s highest priority: to combat terrorism and other threats to national security.
What is the Elder Justice Initiative?
The mission of the Elder Justice Initiative is to support and coordinate the Department’s enforcement and programmatic efforts to combat elder abuse, neglect and financial fraud and scams that target our nation’s seniors.
What is the tax division?
The Tax Division's mission is to enforce the nation's tax laws fully, fairly, and consistently, through both criminal and civil litigation, in order to promote voluntary compliance with the tax laws, maintain public confidence in the integrity of the tax system, and promote the sound development of the law.
How much money does the COPS Office give?
The programs and initiatives developed by the COPS Office have provided almost $9 billion in funding to more than 13,000 law enforcement agencies. By funding over 13,000 of the nation’s 18,000 law enforcement agencies, the COPS Office has helped create a community policing infrastructure across the nation.
1 attorney answer
This is less a legal question than a political one.
Jay Bodzin
This is less a legal question than a political one.
Overview
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice.
Selection
The most prevalent method of selecting a state's attorney general is by popular election. 43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years.
Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in …
Defense of the state in federal lawsuits
State attorneys general enforce both state and federal laws. Because they are sworn to uphold the United States' constitution and laws as well as the state's, they often decline to defend the state in federal lawsuits.
See also
• State constitutional officer (United States)
• National Association of Attorneys General
• List of U.S. statewide elected officials
External links
• Listing of official State Attorney General websites
Overview
In the United States, a district attorney (DA), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a countyor a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…
History
This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813. Even after those states broke up such districts and started appointing or electing prosecutors for individual counties, they continued to use the title "district attorney" for the most senior prosecutor in a county rather than switch to "county attorney".
Role
The principal duties of the district attorney are usually mandated by law and include representing the State in all criminal trials for crimes which occurred in the district attorney's geographical jurisdiction. The geographical jurisdiction of a district attorney may be delineated by the boundaries of a county, judicial circuit, or judicial district.
Their duties generally include charging crimes through informationsand/or grand jury indictment…
Departments
The district attorney usually divides their services into several departments that handle different areas of criminal law. Each department is staffed by several duly appointed and sworn ASAs. The departments of a large district attorney's office may include but are not limited to: felony, misdemeanor, domestic violence, traffic, juvenile, charging (or case filing), drug prosecution, forfeitures, civil affairs such as eminent domain, child advocacy, child support, victim assistance…
Nomenclature
The name of the role of local prosecutor may vary by state or jurisdiction based on whether they serve a county or a multi-county district, the responsibility to represent the state or county in addition to prosecution, or local historical customs.
District attorney and assistant district attorney are the most common titles for state prosecutors, and are used by jurisdictions within the United States including California, Delaware, Georgia, Mas…
Assistant district attorney
The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, is…
Appeals
Depending on state law, appeals are moved to appellate courts (also called appeals courts, courts of appeals, superior courts, or supreme courts in some states). During the appeals process district attorneys, in many cases, hands all relative prosecutorial materials to a state appellate prosecutor who in turn will represent the state in appellate courts with the advice and consent of the district attorney.
District attorney investigators
Some district attorneys maintain their own law enforcement arm whose members are sworn peace officers. Depending on the jurisdiction, they are referred to as district attorney investigators or county detectives.
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