why does attorney general take over a case over the da in pa

What does the PA State Attorney General actually do?

The DA has immense power in influencing an individual’s decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

Can the Attorney General’s office supersede a district attorney?

Feb 10, 2022 · MCKEESPORT – Attorney General Josh Shapiro announced today with McKeesport Police Department Chief Adam Alfer and Mayor Michael Cherepko the impact from the ongoing partnership of the Office of Attorney General’s Strategic Response Team working with local police departments to combat crime in the Mon Valley. Since the partnership …

What is the role of the Philadelphia District Attorney’s office?

office of attorney-general is by far the most important instrumentality by which the state government exercises administrative control over the process of prosecution, this discussion will be devoted to an analysis of the relation of the attorney …

Why did the district attorney’s office withdraw from a case?

Pursuant to the Commonwealth Attorneys Act, the Office of Attorney General does not have original jurisdiction to investigate or prosecute environmental crimes. However, the Office can obtain jurisdiction over an environmental crime by a referral from either a district attorney or a state agency with enforcement duties pursuant to statute.

What is the difference between Attorney General and DA?

A lawyer who represents the state in local criminal cases is usually referred to as the "District Attorney," although, depending on your state, these attorneys can go by other titles such as "Prosecuting Attorney" or "County Attorney." The Attorney General of a state typically represents the state in civil cases, but ...

What are the duties of the PA Attorney General?

He or she serves as the chief law enforcement officer of Pennsylvania and represents the state and its agencies in any action brought by or against them. The attorney general is responsible for collecting all debts, taxes, and accounts due to the state.

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.

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 long is an Attorney General term in Pennsylvania?

Pennsylvania Attorney GeneralAttorney General of the Commonwealth of PennsylvaniaTerm lengthFour yearsFormation1683Salary$162,000 per yearWebsiteattorneygeneral.gov2 more rows

Who is the current PA Attorney General?

Josh Shapiro (Democratic Party)Pennsylvania / Attorney generalJoshua David Shapiro is an American lawyer and politician serving as the attorney general of Pennsylvania. He previously served in the Pennsylvania House of Representatives and as chairman of the Montgomery County Board of Commissioners. He is a member of the Democratic Party. Wikipedia

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 is it called when a higher court sends a case back to be tried again?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue.

Which level of felony is the highest level of offense?

A class A felony and a level 1 felony are considered the highest class – or worst felony – and carry the most severe punishments. Criminal codes at both the state and the federal levels categorize felony crimes by seriousness, with the first class or level being the most severe.Dec 15, 2018

How do I know if the FBI is investigating me?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

Why would I get a letter from Department of Justice?

The Department of Justice customarily sends target letters to individuals who are the target of a grand jury investigation and to those who are the subject of a grand jury investigation.

What happens when a defendant accepts the terms of the sentence proposed by the DA?

When a defendant accepts the terms of the sentence proposed by the DA, they enter a guilty plea which the judge will typically accept. The DA has immense power in influencing an individual’s decision to enter into a plea deal or to take their case to trial.

What does a district attorney do?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the district attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

Why do DAs overcharge?

DAs can overcharge in order to get plea deals; they can decide if a defendant is offered diversion or not; they can set priorities on what kinds of charges they want to bring; and they can decide whether or not to prosecute certain crimes at all, like declining to prosecute low-level offenses.

What is the difference between guilty and not guilty verdicts?

The difference between a guilty and not guilty verdict comes down to the evidence presented by the district attorney. A number of Supreme Court decisions have reaffirmed the district attorney’s obligation to turn over exculpatory evidence to the defense during discovery.

What is the jurisdiction of the Attorney General?

The jurisdiction of the Attorney General to investigate and prosecute criminal cases is found in Sections 205 and 206 (respectively) of the Commonwealth Attorneys Act, 71 P.S. §§ 732-205, 206. The vast majority of cases investigated by the Criminal Prosecutions Section falls into three categories and under three provisions ...

What is the Appeals and Legal Services Section?

Appeals and Legal Services Section is responsible for representing the Commonwealth in all criminal appeals that involve the OAG and for advocating the position of the Attorney General on important issues in cases prosecuted by the county district attorneys.

Who is the head of the Criminal Division?

The Criminal Law Division is headed by an Executive Deputy Attorney General (EDAG), who is the Director and has overall responsibility for ensuring that the functions of the Division are properly administered. The Criminal Division EDAG reports to the Attorney General and the First Deputy Attorney General. The Director of the Criminal Division is ...

When was the Child Sexual Exploitation Task Force created?

In 1995 the Attorney General’s Child Sexual Exploitation Task Force was created to arrest child pornographers as well as investigate and capture child predators before they strike by using proactive, undercover operations.

What is asset forfeiture?

The Asset Forfeiture & Money Laundering Section is responsible for the litigation of all asset forfeiture cases from law enforcement agencies with statewide jurisdiction, and the supervision of financial investigations leading to money laundering arrests and large property seizures. These cases are complex and often involve multiple defendants and numerous types of property. The Section consists of a Section Chief, litigation attorneys, legal support staff, and the Asset Forfeiture Administration Unit which is tasked with administering and liquidating all forfeited property. The litigation attorneys and legal support staff are located throughout the state in various regional offices. The Asset Forfeiture Administration Unit is centrally located in the Harrisburg area to assist in the storage and transfer of assets throughout the state.

What is Chapter 58?

Chapter 58 also applies to other statutory forfeitures, which include Sex Offenses, Chop Shops, Gambling and Liquor Code Violations, Trademark and/or Recording Device Counterfeiting . The cases usually involve the forfeiture of cash, automobiles, jewelry, bank accounts and other financial instruments, and real estate.

What is the purpose of the Conviction Integrity Section?

The Attorney General established the Conviction Integrity Section in January 2020 to reinforce Pennsylvania’s commitment to the highest standards of fairness in our criminal justice system . The CIS will review claims of actual innocence state-wide. The CIS will bring substantial resources to review past convictions in collaboration with district attorneys, police agencies and victims to ensure justice.

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 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.

Who is David Klein?

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

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 a conflict of interest in a case?

A conflict of interest exists when a district attorney or member of his or her staff previously represented the defendant with regard to the charges to be prosecuted and, as a result of that former attorney-client relationship, the prosecution obtained information that may be used to the defendant’s detriment at trial.

How many districts are there in North Carolina?

North Carolina is divided into 44 prosecutorial districts. Each is headed by an elected district attorney or, the case of a mid-term vacancy, a district attorney appointed by the governor. District attorneys are constitutionally and statutorily charged with prosecuting criminal actions in their districts. Each district attorney employs ...

What happens if a case is rejected?

If the case is actually rejected, one must obtain a letter from the district attorney’s office stating this. If, however, there has just been a delay in filing, the district attorney’s office may still file charges at a later time.

What is a Serna motion?

If the district attorney files the case beyond the applicable statute of limitations, the defendant can file what is known as a Serna Motion. Generally, the defendant must show that he or she has been prejudiced by the delay. Prejudice is presumed when the prosecution delays more than the statute of limitations period.