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The procedural merits of the case are the true determinative factors of an outcome. Prosecutors and defense attorneys engage in a comparison of charges against possible procedural flaws and possible defenses to arrive at the going rate for a crime. These factors are used to determine how much punishment the plea bargain will offer.
In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those charged with a crime or crimes who cannot afford to hire a private attorney. [1] [2] [3] Public defenders are full-time attorneys employed by the state or federal governments. [1]
1.7-1.11: Conflicts of Interest, including restrictions on attorneys arising from current clients, [9] [10] former clients, [11] prior work as a government employee or judge, [12] [13] and association with law firms. [14] 2 Counselor 2.1: Attorney's role as a candid advisor on topics within and outside of the law. [15] 3 Advocate
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office ...
The Office of the United States Attorney was created by the Judiciary Act of 1789, along with the office of Attorney General and United States Marshal.The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up the United States Federal Judiciary, including a district court system.
[225] [226] In turn, the 1816 Geneva oath served as the inspiration for the attorney's oath drafted by David Dudley Field as Section 511 of the proposed New York Code of Civil Procedure of 1848, which was the first attempt in the United States at a comprehensive statement of a lawyer's professional duties. [225]
A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity.Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders.
The "Act to Establish the Department of Justice" drastically increased the attorney general's responsibilities to include the supervision of all United States attorneys, formerly under the Department of the Interior, the prosecution of all federal crimes, and the representation of the United States in all court actions, barring the use of ...