AG's and indictments












2















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







share|improve this question

























  • Ugh, I'm sorry - I didn't even think about adding that. One second.

    – Phlegon_of_Tralles
    6 hours ago
















2















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







share|improve this question

























  • Ugh, I'm sorry - I didn't even think about adding that. One second.

    – Phlegon_of_Tralles
    6 hours ago














2












2








2








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







share|improve this question
















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






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 2 hours ago









Trish

365110




365110










asked 7 hours ago









Phlegon_of_TrallesPhlegon_of_Tralles

1205




1205













  • Ugh, I'm sorry - I didn't even think about adding that. One second.

    – Phlegon_of_Tralles
    6 hours ago



















  • Ugh, I'm sorry - I didn't even think about adding that. One second.

    – Phlegon_of_Tralles
    6 hours ago

















Ugh, I'm sorry - I didn't even think about adding that. One second.

– Phlegon_of_Tralles
6 hours ago





Ugh, I'm sorry - I didn't even think about adding that. One second.

– Phlegon_of_Tralles
6 hours ago










1 Answer
1






active

oldest

votes


















5














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.






share|improve this answer


























  • 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
    5 hours ago






  • 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
    5 hours ago











Your Answer








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1 Answer
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oldest

votes








1 Answer
1






active

oldest

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active

oldest

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active

oldest

votes









5














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.






share|improve this answer


























  • 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
    5 hours ago






  • 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
    5 hours ago
















5














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.






share|improve this answer


























  • 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
    5 hours ago






  • 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
    5 hours ago














5












5








5







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.






share|improve this answer















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.







share|improve this answer














share|improve this answer



share|improve this answer








edited 2 hours ago

























answered 6 hours ago









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
    5 hours ago






  • 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
    5 hours ago



















  • 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
    5 hours ago






  • 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
    5 hours ago

















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
5 hours ago





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
5 hours ago




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
5 hours ago





@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
5 hours ago


















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