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.
1 Answer from Attorneys
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.
Related Questions & Answers
-
I live in Ohio and at someone's pretrial that I was with, the public defender met... Asked 3/10/10, 8:32 pm in United States Ohio Criminal Law
-
I recently had a police officer show up at my door and issue me a ticket/summons to... Asked 3/10/10, 2:08 pm in United States Ohio Criminal Law
-
I am a felon and also a hunter I was resently released from supervison and would... Asked 3/10/10, 11:36 am in United States Ohio Criminal Law
-
My fiancee was being charged with a Breaking and entering, Aggravated Burglarly, and... Asked 3/09/10, 6:17 pm in United States Ohio Criminal Law
-
My boyfriend and his sister has been on ankle monitor for 3 1/2 months now and there... Asked 3/09/10, 6:08 pm in United States Ohio Criminal Law