Most prosecutions will be delegated to DDAs, with the district attorney prosecuting the most important cases and having overall responsibility for their agency and its work. Depending upon the state's law, DAs may be appointed by the chief executive of the jurisdiction or elected by local voters.
Only criminal cases (felony, misdemeanor, and juvenile) are handled by the DA's office. This means that the DA won't handle legal matters such as child custody, divorce, or bankruptcy. The DA's office only prosecutes violations of state laws, not federal crimes.Feb 21, 2022
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AnswerWhat is the role of the district attorney in a case?
In the United States, a district attorney (DA), state's attorney, prosecuting attorney, or state attorney is the chief prosecutor 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 are the district attorneys located in the US?
They’re in most of the courthouses. There are a few examples of courthouses where there’s only District Attorneys and they prosecute both felonies and misdemeanors.
What is the difference between a city attorney and a district attorney?
But in most of the courthouses, there’s both City Attorneys and District Attorneys, and again, the District Attorneys are usually prosecuting the felonies – the more serious cases, and the City Attorneys are usually prosecuting the misdemeanors – or the more community-based offenses. So, there’s a head City Attorney.
What is a district attorney investigator?
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 . In England and Wales, the vast majority of criminal prosecutions are prosecuted by the Crown Prosecution Service.
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What does a US district attorney do?
A district attorney is a public official who is appointed or elected to represent the state in criminal judicial proceedings in a particular judicial district or county; an appointed or elected officer who prosecutes cases in a particular judicial district.
Are District Attorneys powerful?
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.
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.
Why would a DA call me?
2 attorney answers The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out...
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 jurisdiction of a district attorney?
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 informations and/or grand jury indictments.
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 is a county prosecutor in Ohio?
In Ohio a county prosecutor represents the county and state within their county, prosecutes all crimes within the county, and is legal adviser to the board of county commissioners, board of elections, and all other county officers and boards.
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.
What are the duties of a district attorney?
Statutory responsibilities. G.S. 7A-61 requires the district attorney to do the following: 1 prepare the trial dockets; 2 prosecute in a timely manner all criminal actions and infractions requiring prosecution in the superior and district courts of the districtattorney’s prosecutorial district; 3 advise the officers of justice in the districtattorney’s district; 4 represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney; 5 provide to the Attorney General any case files, records and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the districtattorney’s prosecutorial district; and 6 devote his or her full time to the duties of his office and not engage in the private practice of law.
What is the role of a district attorney in North Carolina?
Section 18 requires the district attorney to “advise the officers of justice in his district,” and makes the district attorney “responsible for the prosecution on behalf of the State ...
Why is prosecutorial discretion important in North Carolina?
The North Carolina Court of Appeals has explained that prosecutorial discretion is necessary to weigh “such factors as the likelihood of successful prosecution, the social value of obtaining a conviction as against the time and expense to the state, and the prosecutor’s own sense of justice in the particular case.”.
What are the benefits of a prosecutors' weighing of case specific factors?
As the court of appeals noted in Rogers, society benefits from a prosecutors’ weighing of case specific factors including the social value of obtaining a conviction, the time and expense to the State, and the prosecutor’s own sense of justice.
Does Kansas City prosecute marijuana?
Prosecutors in St. Louis and Kansas City announced last year their plans not to prosecute marijuana possession cases, subject to certain exceptions. Boston’s newly elected district attorney, Rachel Rollins, campaigned on a promise to decline to prosecute fifteen enumerated charges, including shoplifting, larceny under $250, trespassing, ...
When do prosecutors have to decide if a person is in jail?
And when a person is arrested and taken to jail, prosecutors must decide whether charges are warranted within 48 hours of the arrest, excluding weekends and holidays. [i] This means that if a person is arrested and taken into custody on Monday, prosecutors must file charges against him by Wednesday.
What happens if a prosecutor refuses to file charges?
If prosecutors decline to file charges within the 48-hour time frame, then the person will be released from jail. Given their ethical duty and this small window of time, prosecutors sometimes reject cases, asking police to conduct further investigation before they agree to formally file charges.
What is the difference between a city attorney and a district attorney?
The City Attorney has the main person. They have an assistant. They have a bunch of Deputies. They have supervising City Attorneys in each of the branches of the courthouses. The District Attorney is like a business. They have a head District Attorney and they have multiple Assistant heads. They’ve got office heads.
Where is the District Attorney's office in Los Angeles?
There’s one main District Attorney’s office which is in downtown Los Angeles actually in the criminal court building at 210 West Temple. The City Attorney’s office has their own offices as well. They’re in most of the courthouses. There are a few examples of courthouses where there’s only District Attorneys and they prosecute both felonies ...
Who prosecutes felonies?
But in most of the courthouses, there’s both City Attorneys and District Attorneys, and again, the District Attorneys are usually prosecuting the felonies – the more serious cases, and the City Attorneys are usually prosecuting the misdemeanors – or the more community-based offenses. So, there’s a head City Attorney.
Do city and district attorneys work together?
Sometimes they have to work together. Sometimes the City Attorneys and District Attorneys have to deal with a case where both a felony and a misdemeanor are filed. Sometimes somebody will be on misdemeanor probation and commit a felony, and then the City Attorney comes in and give their position on how they’re going to deal with their probation violation, for example, so it has to be coordinated between the defense attorney and also the District Attorney. So, a lot of times the City Attorney and District Attorney will work side-by-side on certain cases in certain situations.
What happens when a felony is charged in the district court?
Felonies that are charged by a law enforcement officer will start in District Court. This allows officers to quickly and appropriately bring criminal charges into the courtroom. With the exception of low-level felony plea bargains, felony cases cannot be heard or tried in District Court. A defendant charged with a felony in District Court will receive a Probable Cause Hearing date, where, if the State chooses, evidence may be presented by the Assistant District Attorney showing that probable cause exists to substantiate the felony offense. If a judge agrees and finds probable cause exists, the case is bound over to Superior Court for continued prosecution.
What is plea bargaining in criminal cases?
Plea bargains allow the District Attorney’s Office and the defendant’s attorney to negotiate a settlement to a criminal case quickly and efficiently. Just because a case is resolved through a plea does not mean that the DA will handle the case lightly, or that a defendant is being under-prosecuted. Rather, the negotiations allow prosecutors to consider the relative strengths and weaknesses of each case and bring criminal matters to a final resolution in a timely manner. Unlike criminal trials, cases resolved through a plea are rarely appealed or overturned on appeal. Negotiated pleas allow the DA’s office to maintain control over the disposition of a case that guarantees a desired outcome, prevents victims and witnesses from having to testify in open court, and, when appropriate, avoids the time and taxpayer expense of a trial.
Why do felony cases have to be submitted to a grand jury?
And in cases where a judge in District Court has found probable cause for a felony, the case must still be submitted to a Grand Jury by a prosecutor to ensure that Superior Court has proper jurisdiction over the felony offenses. Felony case investigative files are turned over by law enforcement for review by the DA’s office.
A Crime Occurs and Charges Are Filed
Inside The District Attorney’s Office
- Within the DA’s Office, the District Attorney is an elected or appointed official who leads a team of Assistant District Attorneys (ADAs), also known as prosecutors, representing the county in which a state law is violated. One of the ADAs will be delegated by the DA to represent the state for each case. Along with the ADAs, the District Attorney’s...
The Courtroom Process
- Once the DA’s Office files criminal charges, the prosecution process ensues. At this point, the suspect is now known as the defendant. All further proceedings are handled by the DA’s Office and can only be concluded in one of the following four manners: 4. A verdict is reached in court. The period of time leading up to a trial – which can be weeks or even months – is extremely bus…
Overview
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 or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…
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 informations and/or grand jury indictment…
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".
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…
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…
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.
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