The government institutes the criminal prosecution, rather than an individual plaintiff. If the defendant commits a federal crime, the UnitedStates of America pursues the criminal prosecution. If the defendant commits a state crime, the state government, often called the People of theState pursues the criminal prosecution. As in a civil lawsuit, the alleged wrongdoer is called the defendant and can be an individual, corporation, or other business entity.
The attorney who represents the government controls the criminal prosecution. In a federal criminal prosecution, this is the United States Attorney. 1 In a state criminal prosecution, this is generally a state prosecutor or a district attorney. 2 A state prosecutor works for the state but is typically an elected official who represents the county where the defendant allegedly committed the crime.
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