Legal Question in Criminal Law in Ohio

How much influence/control does a Federal agency have over a criminal case after they have referred it to DoJ for possible criminal prosecution?

I'm being told the agency can "lobby" DoJ to either go forward with the charges, or drop them.


Asked on 3/11/10, 7:10 am

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

The influence that a Federal agency has over a pending criminal charge varies. From a legal perspective, once the matter has been referred to the United States Attorney's Office (DOJ) for prosecution, the US Attorney (DOJ) 'owns" the case. That means that the US Attorney (DOJ) has the right to exercise prosecutorial discretion to either charge or not charge a crime aganst the United States. As a practical matter, the US Attorney (DOJ) listens to the input from the Federal agency that made the referral -- especially if that agency actually conducted the investigation. In the end, however, only the US Attorney (DOJ) can bind the government to an agreement not to prosecute.

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Answered on 3/16/10, 8:06 am


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