AG's and indictments
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?
I've been trying to find out here, but I've had no luck.
Edit: This would regard Federal crimes and the United States.
united-states federal-courts indictment
edited yesterday
Trish
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
add a comment |
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?
I've been trying to find out here, but I've had no luck.
Edit: This would regard Federal crimes and the United States.
united-states federal-courts indictment
edited yesterday
Trish
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday
add a comment |
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?
I've been trying to find out here, but I've had no luck.
Edit: This would regard Federal crimes and the United States.
united-states federal-courts indictment
edited yesterday
Trish
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
I'm curious, let's say that a prosecutor has taken a case before a grand jury. That grand jury has chosen to indict. Can the AG withdrawal those indictments?
I've been trying to find out here, but I've had no luck.
Edit: This would regard Federal crimes and the United States.
united-states federal-courts indictment
united-states federal-courts indictment
edited yesterday
Trish
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
edited yesterday
Trish
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
edited yesterday
Trish
432211
edited yesterday
Trish
432211
edited yesterday
Trish
432211
432211
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
asked yesterday
Phlegon_of_TrallesPhlegon_of_Tralles
1305
1305
Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday
add a comment |
Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday
Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday
Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday
add a comment |
1 Answer
1
active
oldest
votes
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented at trial, or because, for example, a prosecution might damage a diplomatic relationship of the U.S. with another country, or because a new administration has different priorities than an old one and recently had its AG appointed to office while the trial was pending.
This said, there are some situations (e.g. when there is a special prosecutor, or after a lower level prosecutor has entered into a binding plea agreement) when the AG does not have the authority to overrule the decisions to prosecute or not prosecute an indictment that is made by a lower level prosecutor. The AG has line authority to give orders to lower level prosecutors in the AG's office 99% of the time, but not always.
answered yesterday
ohwillekeohwilleke
50.7k257128
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
add a comment |
Your Answer
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1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented at trial, or because, for example, a prosecution might damage a diplomatic relationship of the U.S. with another country, or because a new administration has different priorities than an old one and recently had its AG appointed to office while the trial was pending.
This said, there are some situations (e.g. when there is a special prosecutor, or after a lower level prosecutor has entered into a binding plea agreement) when the AG does not have the authority to overrule the decisions to prosecute or not prosecute an indictment that is made by a lower level prosecutor. The AG has line authority to give orders to lower level prosecutors in the AG's office 99% of the time, but not always.
answered yesterday
ohwillekeohwilleke
50.7k257128
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
add a comment |
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented at trial, or because, for example, a prosecution might damage a diplomatic relationship of the U.S. with another country, or because a new administration has different priorities than an old one and recently had its AG appointed to office while the trial was pending.
This said, there are some situations (e.g. when there is a special prosecutor, or after a lower level prosecutor has entered into a binding plea agreement) when the AG does not have the authority to overrule the decisions to prosecute or not prosecute an indictment that is made by a lower level prosecutor. The AG has line authority to give orders to lower level prosecutors in the AG's office 99% of the time, but not always.
answered yesterday
ohwillekeohwilleke
50.7k257128
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
add a comment |
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented at trial, or because, for example, a prosecution might damage a diplomatic relationship of the U.S. with another country, or because a new administration has different priorities than an old one and recently had its AG appointed to office while the trial was pending.
This said, there are some situations (e.g. when there is a special prosecutor, or after a lower level prosecutor has entered into a binding plea agreement) when the AG does not have the authority to overrule the decisions to prosecute or not prosecute an indictment that is made by a lower level prosecutor. The AG has line authority to give orders to lower level prosecutors in the AG's office 99% of the time, but not always.
answered yesterday
ohwillekeohwilleke
50.7k257128
Yes. The U.S. AG can decline to prosecute an indictment at any time until jeopardy attaches when a jury is sworn in to consider the charges at trial. The AG can also abandon a prosecution mid-trial but then cannot retry those charges later.
The AG might abandon charges, for example, because the evidence does not appear to support the charges when presented at trial, or because, for example, a prosecution might damage a diplomatic relationship of the U.S. with another country, or because a new administration has different priorities than an old one and recently had its AG appointed to office while the trial was pending.
This said, there are some situations (e.g. when there is a special prosecutor, or after a lower level prosecutor has entered into a binding plea agreement) when the AG does not have the authority to overrule the decisions to prosecute or not prosecute an indictment that is made by a lower level prosecutor. The AG has line authority to give orders to lower level prosecutors in the AG's office 99% of the time, but not always.
answered yesterday
ohwillekeohwilleke
50.7k257128
edited yesterday
answered yesterday
ohwillekeohwilleke
50.7k257128
answered yesterday
ohwillekeohwilleke
50.7k257128
answered yesterday
ohwillekeohwilleke
50.7k257128
50.7k257128
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
add a comment |
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
When you say the AG can abandon a prosecution mid-trial, are you referring to when some sort of exonerating evidence is produced? Or could you refer to the AG just up and giving up? Why is the special prosecutor case different?
– Phlegon_of_Tralles
yesterday
1
1
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
@Phlegon_of_Tralles Both scenarios are possible. A judge can't force a prosecutor to continue prosecuting a trial. The special prosecutor case is different due to statutory limitations on how the AG can be involved designed to address conflicts of interest.
– ohwilleke
yesterday
add a comment |
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Ugh, I'm sorry - I didn't even think about adding that. One second.
– Phlegon_of_Tralles
yesterday