district attorney california what is

by Keshaun Wolf DDS 4 min read

The District Attorney (DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500.

What is District Attorney job?

Also called county or state attorneys, or prosecutors, district attorneys are elected to represent the government against criminal offenders in court. They review police reports, determine whether criminal charges are to be brought against perpetrators, and argue criminal cases in court.

Does California have district attorneys?

The district attorney's job is to seek justice in criminal cases, work to prevent crime, and serve as a leader in the diverse communities they represent. The DA is also an elected official. In California, we have 58 elected DAs each representing one of our 58 counties.

What does the District Attorney do in local government?

In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals.

Is a district attorney a lawyer?

The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What does the state attorney do?

A State's Attorney, along with a phalanx of Assistant State's Attorneys, prosecutes criminal and civil cases for the people. Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels.

Is District Attorney elected?

Depending on the state, an elected prosecutor may go by titles like “District Attorney,” “State Attorney,” “Prosecuting Attorney” or “County Attorney.” They are elected to 4-year terms by the voters in the county or local district that they serve.

How many district attorneys are in Los Angeles?

List of district attorneys
Num.NameTerm
40.Gil Garcetti1992–2000
41.Steve Cooley2000–2012
42.Jackie Lacey2012–2020
43.George Gascón2020–
39 more rows

What is the role of a district attorney in California?

The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500. This includes investigation and apprehension, as well as prosecution in court.

Who handles civil matters in a county?

In all but a few counties, the civil (non-prosecutorial) functions are handled by the county counsel.

What is municipal court operations?

Municipal Court Operations — Prosecutes all misdemeanors and presents preliminary felony hearings in Municipal Courts.

What is the power of a district attorney in California?

District attorneys in California have tremendous power to impact the lives of millions of people, their families, and entire communities. If someone is accused of committing a crime, it is not the police but the DA who has the sole power to decide if criminal charges are filed and the severity of those charges.

How many DAs are there in California?

The DA is also an elected official. In California, we have 58 elected DAs each representing one of our 58 counties.

Is the DA above the law?

No one is above the law, not even police officers. Your DA can take officer-involved shootings seriously by investigating them and holding police accountable, or they can turn a blind eye to officers who shoot and kill members of our community.

Do district attorneys have power?

Many district attorneys wield their broad power in a bubble, free of accountability by the people who elected them into office. Even if you reach out and say "Hey, I recently learned about your role and am interested in what you do", it could go a long way to put DAs on notice that their community is paying attention and cares about the decisions they make.

What is the purpose of the California District Attorneys Association?

The mission of the California District Attorneys Association (CDAA) is to promote justice by enhancing prosecutorial excellence. To that end, CDAA is THE source of continuing legal education and legislative advocacy for its membership.

What is the role of a district attorney?

Role of the DA. The primary role of the District Attorney is to protect the community he or she is elected to serve. District Attorneys represent the public and endeavor to improve public safety by prosecuting those who threaten the well-being of the community and its citizens by breaking the law.

What is a CDAA publication?

CDAA publications are written BY prosecutors FOR prosecutors. During the pandemic we produced and distributed the Investigation & Prosecution of Domestic Violence manual and Investigation & Prosecution of Strangulation Cases to every district attorney’s office in California. We also published the annual Legislative Digest —a summary of all new laws that affect criminal justice and prosecutors, as well as our quarterly journal Prosecutor’s Brief. And we are pleased to announce that a brand-new edition of the Victims’ Rights Manual will be published and distributed in May.

How long has CDAA trained prosecutors?

The COVID-19 pandemic brought so many changes to everyone’s personal and professional lives. CDAA has trained prosecutors for nearly 50 years with live training events and extensive manuals and periodicals.

How many bills does CDAA track?

Legislation. CDAA staff tracks between 200 and 400 bills per year.

When is the next CDAA audit?

CDAA Environmental & Worker Safety Audit Executive Summary. December 22, 2020 —Earlier this year, the CDAA Board of Directors became aware of an internal accounting management practice that negatively impacted certain funds dedicated to environmental protection and worker safety.

Who is the CDAA president?

In response to the guilty verdicts returned today in the case of State of Minnesota v. Derek Chauvin, CDAA president Vern Pierson commented: “Justice was served today. The California District Attorneys Association applauds the jurors’ decision to convict the defendant on all counts. We also congratulate the Minnesota Attorney General’s Office and the Hennepin County Attorney’s Office for their unyielding and professional prosecution of this important murder case.”

What is a district attorney?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

What is the primary duty of a district attorney?

The principal duties of the district attorney are usually mandated by law and include representing the State in all criminal trials for crimes which occurred in the district attorney's geographical jurisdiction. The geographical jurisdiction of a district attorney may be delineated by the boundaries of a county, judicial circuit, or judicial district.

What is a prosecutor district?

This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813.

What does a county attorney do?

For example, in Arizona, Missouri, Montana, and Minnesota a county attorney represents the county and state within their county, prosecutes all felonies occurring within the county, and prosecutes misdemeanors occurring within unincorporated areas of the county.

What states use state attorneys?

State's attorney or state attorney is used in Connecticut, Florida (state attorney), Illinois, Maryland, North Dakota, South Dakota, and Vermont. In Maryland, the roles of Assistant and Deputy are reversed from those used in "District Attorney" jurisdictions, with Deputy State's Attorney being the primary subordinate to the elected State's Attorney and Assistant State's Attorneys (ASA) being the line-level prosecutors of the office.

What is the role of a prosecutor?

In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

What is a DA?

In the United States, a district attorney ( DA ), state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

Where do district attorneys work?

While much of a district attorney's job can take place in a legal office, they can also work in other locations like libraries and courtrooms. Because district attorneys typically work for counties and state governments, they often collaborate with other professionals, like specialists and paralegals, to gather evidence to use in criminal prosecutions. While district attorneys usually have full-time work hours, most also spend time working overtime and on the weekends, especially while working on complex cases.

How much do district attorneys make?

The national average salary for attorneys in the United States, including district attorneys, is currently $94,578 per year, which is a very competitive salary. However, the compensation that a district attorney receives can vary depending on their education level, experience and skills obtained throughout their career. Attorneys also typically receive employment benefits in addition to their salaries, like health insurance and professional development assistance.

What is the process of prosecuting a crime?

Crime prosecution typically begins before charging a perpetrator. In most states, district attorneys first convene a grand jury before issuing a formal criminal charge or indictment. The prosecutor gathers witness testimonies and presents them before the grand jury, where members analyze the facts to determine whether to prosecute or not. Prosecutors are allowed to introduce testimonies and hearsay evidence that is inadmissible in a trial, to the grand jury.

Why do district attorneys need time management?

Time management skills can help a district attorney organize competing priorities and develop a strong work ethic. Time and calendar management skills can also help a prosecutor meet deadlines.

What skills do district attorneys need to be successful?

District attorneys should also possess problem-solving skills to evaluate and structure arguments and court proceedings.

What is a Juris Doctor?

A Juris Doctor program covers subjects like best practices during criminal justice and prosecution, criminal procedure and trial experience. This degree can equip a law student with the skills and knowledge needed to prosecute criminals, run court proceedings and gather and analyze evidence.

What can a district attorney learn from technology?

This can include learning communication technologies, video conferencing, voice messaging systems and email. It might also be necessary to learn how to use document management software, computerized litigation support and electronic discovery.

What are the responsibilities of a district attorney?

Ancillary responsibilities of the District Attorney include prosecuting forfeiture proceedings, extraditing criminals from outside the state, and working with (33) …

What is the primary role of a district attorney?

The primary role of the District Attorney is to protect the community he or she is elected to serve. District Attorneys represent the public and endeavor to (16) …

What is the district attorney's job in Pennsylvania?

May 5, 2021 — What does the district attorney do? Under Pennsylvania state law, county district attorneys are responsible for representing the “Commonwealth (27) …

What do district attorneys do in 2021?

Jun 3, 2021 — What Do District Attorneys Do? A district attorney is the lawyer who represents a given area during the prosecution of criminal offenders within (26) …

What is a DA?

The District Attorney ( DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of (4) …

What branch of government are district attorneys?

On the federal level, district attorneys are, in effect, members of the executive branch of the government; they are usually replaced when a new administration (13) …

How many attorneys are there in the DA office?

The DA’s Office, comprised of about 700 attorneys, paralegals, investigators, victim advocates, and support staff, serves the estimated 2.4 million (14) …

How many staff does the Los Angeles County District Attorney have?

More than 800 clerical and support staff round out the Los Angeles County District Attorney’s Office. They include victim services representatives, who assist and guide crime victims through the criminal justice system.

When was the Los Angeles County District Attorney's Office established?

The Los Angeles County District Attorney’s Office was established by an act of the California Legislature on Feb. 27, 1850.

What is a deputy district attorney?

Deputy district attorneys are prosecutors who represent the people of the State of California. They review investigations conducted by law enforcement agencies and decide whether there is sufficient evidence to file criminal charges. They also decide what charge or charges, if any, are appropriate based on the evidence presented. Prosecutors handle court proceedings, including trials, that may follow the filing of criminal charges.

What does a DA investigator do?

DA investigators function primarily to provide prosecution support to deputy district attorneys. They locate and process witnesses and conduct supplemental pretrial investigations to help strengthen the prosecution’s case. In some cases, such as those involving public corruption, they conduct their own independent investigations.

Where are criminal cases filed in Los Angeles County?

Criminal cases are filed at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles and at branch, area and juvenile courthouses throughout Los Angeles County.

How often does Los Angeles County elect a district attorney?

Every four years, the voters of Los Angeles County elect a nonpartisan district attorney to serve as their chief prosecutor. A candidate for office must be a law school graduate and member of the State Bar of California.

What is the largest prosecutorial office in the United States?

The Los Angeles County District Attorney’s Office is the largest local prosecutorial office in the United States.

What is the Los Angeles County Public Defender?

The Los Angeles County Public Defender provides legal assistance to individuals charged with a crime who are financially unable to hire and pay for their own private lawyers.

Who prosecutes misdemeanors in Los Angeles County?

Some misdemeanor crimes are prosecuted by local city attorneys. City attorneys prosecute misdemeanors and infractions that are violations of the municipal code governing incorporated cities, such as Los Angeles and Long Beach, within the county. All other felony and misdemeanors within Los Angeles County are prosecuted by the district attorney's office. According to the district attorney's official website, the office is the largest local prosecutor's office in the United States. The Los Angeles County Public Defender provides legal assistance to individuals charged with a crime who are financially unable to hire and pay for their own private lawyers.

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Overview

Nomenclature

The name of the role of local prosecutor may vary by state or jurisdiction based on whether they serve a county or a multi-county district, the responsibility to represent the state or county in addition to prosecution, or local historical customs.
District attorney and assistant district attorney are the most common titles for state prosecutors, and are used by jurisdictions within the United States including California, Delaware, Georgia, Mas…

History

This term for a prosecutor originates with the traditional use of the term "district" for multi-county prosecutorial jurisdictions in several U.S. states. For example, New York appointed prosecutors to multi-county districts prior to 1813. Even after those states broke up such districts and started appointing or electing prosecutors for individual counties, they continued to use the title "district attorney" for the most senior prosecutor in a county rather than switch to "county attorney".

Role

The principal duties of the district attorney are usually mandated by law and include representing the State in all criminal trials for crimes which occurred in the district attorney's geographical jurisdiction. The geographical jurisdiction of a district attorney may be delineated by the boundaries of a county, judicial circuit, or judicial district.
Their duties generally include charging crimes through informationsand/or grand jury indictment…

Departments

The district attorney usually divides their services into several departments that handle different areas of criminal law. Each department is staffed by several duly appointed and sworn ASAs. The departments of a large district attorney's office may include but are not limited to: felony, misdemeanor, domestic violence, traffic, juvenile, charging (or case filing), drug prosecution, forfeitures, civil affairs such as eminent domain, child advocacy, child support, victim assistance…

Assistant district attorney

The assistant district attorney (assistant DA, ADA) (or state prosecutor or assistant state's attorney) is a law enforcement official who represents the state government on behalf of the district attorney in investigating and prosecuting individuals alleged to have committed a crime. In carrying out their duties to enforce state and local laws, ADA have the authority to investigate persons, is…

Appeals

Depending on state law, appeals are moved to appellate courts (also called appeals courts, courts of appeals, superior courts, or supreme courts in some states). During the appeals process district attorneys, in many cases, hands all relative prosecutorial materials to a state appellate prosecutor who in turn will represent the state in appellate courts with the advice and consent of the district attorney.

District attorney investigators

Some district attorneys maintain their own law enforcement arm whose members are sworn peace officers. Depending on the jurisdiction, they are referred to as district attorney investigators or county detectives.