If someone wanted to sue the state prosecutor, would the trial be in the same state?
921827
there are rules in each state for suing a state official.  Most states have in their constitution that citizens of the state are allowed to sue state officials, and usually give the rules to do so.\n\nMost of this depends on if you are suing them over doing something in their legal capacity.  If you are suing them for, say, hitting you with their car, you wouldn't be suiing them in their official capacity anyway, you would be suing them.
215291
You will want to pose this question to the prosecutor on the case.  You are facing a real challenge, but most courts have someone that can answer these types of questions and can provide support where necessary.
853180
depends on the state and the charges my friend had a warrent from oklahoma and got arrested in california for it and he was sent back to oklahoma and had prison time
939855
You can try to sue for wrongful death, but there's no guarantee you will win.\n\nIn certain circumstances, police are authorized to pursue suspects across state lines.
235590
Everyone's pretty much dancing around it so far.\n\nThe prosecuting attorney and the District Attorney can be the same person.  Basically, whoever the attorney representing the People/State is the prosecuting attorney.  That person is responsible for receiving police reports after an arrest, determining if there is a basis for criminal charges, and proceeding with a prosecution of the Defendant if there is such a basis.\n\nProsecuting Attorneys generally include:  The Attorney General (for Federal Crimes, etc.), The District Attorney (a County Agency, responsible for prosecution of State Crimes), and The City Attorney (for State misdemeanors and municipal violations, as well as City Civil Law).  There may be other attorneys depending on the state, but those are the main agencies.\n\nThe Attorney General (A.G.), District Attorney (D.A.), and City Attorney are generally elected officers.  There are Assistants and Deputies who generally handle the individual cases.\n\nNote:  There's also JAG (Judge Advocate General) which handles Military Law.\n\nOn the other side, there are Defense Attorneys.  Defense Attorneys can be privately retained.  Individuals have a Constitutional right to representation by an attorney, so there is also the Public Defender who provides this service at no cost to the Defendant if the Defendant has no $$$.  Generally, the Public Defender (P.D.) is an elected officer, on a county basis, with Deputies and Assistants, much like the D.A.'s office.\n\nPrivate Counsel can sometimes be appointed at no cost if the P.D. has a conflict of interest on a particular case.  Often, there is another office of either County attorneys or private attorneys which acts as an Alternate Public Defender's Office.
292572
It depends on the reason.  A city is considered part of the state so unless there is a state law allowing it, or a federal law passed by Congrees expressily waiving the states/cities immunity they can't be sued.  What issue are you trying to raise?  That would allow us to define an answer.  Also if this is in regards to an order of the court, that order must be appealed on the grounds you are arguing about.  ie due process in deciding the case, you can't sue, you can only appeal the courts decison and argue that due process was not applied.  The appeals court can then decide to agree with you and order a new trial, issue a new order, amend the existing order or disagree with you and keep the original order in place.
231573
it depends on the state and the degree of the charges.
428332
Unfortunately, for anyone but a California attorney, the question is difficult to answer. In my own state, there are several different issues, some or all of which may also exist in Calif. First, was this a criminal matter? If so, the immediate concern is to file for post-conviction relief. This procedure is generally the means by which a convicted person can challenge the conviction after the appeals have run.\nWhether it is a criminal matter or a civil matter, malpractice is generally a tort matter, and most states have statutes of limitations for torts at one year. Most states... The year begins to run at the time of the malpractice, so you need to check your calendar on that. Also, you may have an action for breach of contract. Generally, the statutes of limitation for breach of contract runs longer than that for torts.\nI hope that a California attorney can provide you with information more specific to that state. Good luck.
981643
That would all depend on the jurisdiction. That would mean one thing in one state and another in another state.
45053
That all depends on the state. Each state has different sentencing laws.
146295
It is certainly possible that such a person would be subject to criminal jurisdiction by each state, and by the Federal Government.  He was already convicted? Is this about where he is to be imprisoned?
697502
Criminal= state files charges\nCivil= people sue each other
1139362
The issue here is one called "jurisdiction" - the question of whether a court in a particular location has the legal ability to "hear" a claim on a particular subject.  There are two types of jurisdiction - personal jurisdiction (the ability to hear a case based on the parties themselves and where they're from) and subject matter (the topic of the claim) jurisdiction, and the court has to have both in order to hear the claim.  In other words, if the court has one but not the other, then they can't hear the claim.\n\nSo, for your particular question, if I understand it correctly, you were in another state and were hurt by someone while there.  You returned home and now you want to sue.  So, in general, any state's court system definitely has subject matter jurisdiction over torts (claims from one person against another person).  But the problem is personal jurisdiction.  Since the party that hurt you did so in another state, you have two places where you can file... the state where the defendant resides, or the state where the damage was "incurred" (where you were hurt).  Thus, if by chance the defendant is from your state, you can then sue in your state.\n\nGood luck!
104786
It depends.  A mistrial basically returns the parties to the position of not having had a trial in the first place.  So to the extent that they are not confined by expense and time, the plaintiffs (or prosecutors) could institute another action on the same grounds, try to force the defendants to settle (or plea bargain), or completely allow the matter to drop.  The key point here is that in the case of a mistrial, plaintiff is not precluded from bringing an identical action on the same transaction or occurrence.
495025
That all depends on the crime and the jurisdiction. Every state has different laws.
890934
That all depends... If the inconsistency reinforces the prosecutions case, nothing, if it helps acquit the defendant, the witness will be charged with perjury.
840015
Yes he can sue, but the cost for him and the chance of collecting would seem a waste of time. He can sue about anything, but she would have had to have made statements to slander his character or position and they would have to be false. It would be up to him and his attorney to prove this, and than a jury would deliberate  on  a finding as this is civil litigation and if true than damages cold be awarded.  It is not much of case, better known as he said , she said and not many attorneys would take that type of case unless there was some real money involved.