Next, we'll learn more about the prosecutors charged with enforcing the law and carrying out the directions of the State's Attorney. Grand juries are independent groups of citizens charged with reviewing evidence to determine if there'sprobable cause to proceed with an indictment on criminal charges.
Federal criminal prosecutions require a grand jury to find probable cause to return an indictment. 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. A grand jury's job is basically to hear the case the State's Attorney has put together and decide whether or not it should proceed. Rarely do they decline to issue the indictments requested [source: American Bar Association ].
One State's Attorney may be on the ballot at election time, but it takes an entire office to carry out the duties of the chief law enforcement official for the region. 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.
The Cook County State's Attorney office is divided into seven sections or bureaus: criminal prosecutions, juvenile justice, narcotics, special prosecutions, civil actions, investigations and administrative services.
Another large State's Attorney office, that of Brooklyn, New York's Kings County District Attorney, has more than 40 bureaus, units and divisions, including a political corruption bureau, a civil rights and police integrity bureau, an educational bureau for school-age children, and a community relations bureau [source: Kings County District Attorney's Office].
In general, Assistant and Deputy State's Attorneys operate in criminal or civil divisions. Common criminal divisions include drugs and narcotics, property crimes, juvenile offenses, adult offenses, victim services and special prosecutions. Larger State's Attorney offices, such as Kings County, can include specialized units in areas including sex crimes and special victims, elder abuse,and domestic violence.
The civil side of the State's Attorney's office often includes civil law, child protection and human services divisions. Specialized units may investigate civil rights, workplace and labor claims, medical litigation, property tax and delinquent child support collections. Other divisions in State's Attorney offices may focus on areas such as alternative sentencing, juvenile justice and victim's services. Assistant State's Attorneys are on the front lines of all legal action involving the office.
They're the lawyers most likely to be involved in charging an offense, interviewing witnesses, reviewing evidence and legal precedent, and trying cases in court. They're also the ones most likely to be involved in sentencing and appeals hearings. The job of an Assistant State's Attorney is often regarded as an entry-level training position for a lawyer and a stepping stone to more prestigious legal employment in the future. Besides court and legal work, Assistant and Deputy State's Attorneys also work with law enforcement officials and public outreach.
In Hennepin County, for example, a community prosecution program brings prosecutors, police, residents, business owners and others in an area dealing with high crime together to maximize cooperation and increase successes in arrests and prosecutions [source: Hennepin County Attorney]. Attorneys, sometimes called District Attorneys, work for the U. Attorney General in the Department of Justice and are not elected by local residents [ U.
Department of Justice ]. One U. 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. We also frequently take cases from state and local agencies.
You should contact your local FBI office for information or assistance. If you believe you have credible evidence of violations of state or local law, you should contact your state or local law enforcement agencies, as appropriate. If you are a victim of a federal crime and have been dealing with a law enforcement agency, you should contact that law enforcement agency to follow up on the status of the case.
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. Executive branch attorneys generally do not investigate these types of allegations or provide legal assistance or advice to private citizens.
They only represent the United States, its officers, agencies and employees and are generally limited by law to giving legal advice only to federal officials and agencies. In some criminal cases where the defendant cannot afford an attorney, the defendant may be provided representation through the Federal Public Defender's office.
Our office is not permitted to make direct referrals. We suggest that you consult private legal counsel, contact a local law school that has a legal clinic program, or contact a legal aid society regarding your rights and any remedies that may be available to you in this matter. If your attorney was appointed by the court and is not effectively representing your interests, you should raise this issue with the court, which can address any considerations you have and may be able to appoint a different attorney.
If you hired a private attorney to represent you and you are unsatisfied with their services, you should raise your concerns with your state bar association. 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.
If you believe your cooperation warrants a reduction in your sentence, a private attorney familiar with this area of the law would be in the best position to represent your interests in this matter. The courts are bound by law and must impose a sentence as established by law, taking into consideration sentencing statutes and the sentence guideline range fixed for that offense. They have a head District Attorney and they have multiple Assistant heads.
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