what are the duties and obligations of the district attorney

by Justine Feest 5 min read

District Attorney Responsibilities:

  • Preparing criminal prosecution cases and representing the state in court.
  • Reviewing police reports and collaborating on criminal investigations.
  • Assessing the legal merits in bringing criminal charges against perpetrators.
  • Consulting with victims, law enforcement, judges, and alleged perpetrators.
  • Preparing and filing pre-trial motions.
  • Studying case law and gathering sufficient evidence to successfully prosecute perpetrators in court.
  • Overseeing and guiding a team of associates and legal clerks.
  • Documenting trial preparations, court procedures, evidence lists, interview transcripts, police reports, and criminal investigations.
  • Abiding by the state's prosecution laws and upholding professional ethics.

A district attorney has the power to prosecute people charged with crimes, ranging from homicide to petty theft. A district attorney (DA) is also known as a state's attorney, prosecuting attorney, county attorney, city attorney, circuit attorney, or commonwealth's attorney, depending on the defined geographic area.Apr 1, 2021

Full Answer

What is the job description of a district attorney?

Job Description A district attorney is an appointed or elected public official who can represent a county, city or state. The DA is intimately involved in the prosecution of each criminal case in his jurisdiction. Their job is to rectify wrongdoings committed against the public.

What is the role of district attorney?

WASHINGTON, D.C. – President Biden on Wednesday announced six new nominees to serve as U.S. Attorneys across the country, officials who will be indispensable to upholding the rule of law as the top federal law enforcement officials for their districts. Among them, Jane Young, who currently serves as New Hampshire Deputy Attorney General.

How to become a district attorney?

Nelson also has an active campaign to become an OC Superior Court judge ... work for Spitzer with the title of Chief Assistant District Attorney. The expectation was that Nelson would hang ...

How do you contact district attorney?

District Attorney. District Attorneys are typically elected in a general election. As such, they are traditionally entitled to be addressed as ‘the Honorable (Full Name)’. Check for local tradition. —-Envelope or address block on letter or email:—-—-The Honorable—-—-(Full Name)—-—-District Attorney of (city or county)—-—-(Address)

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What are the responsibilities of the DA?

Role & Duties of a District AttorneyConduct a Grand Jury Investigation. The prosecution of a crime begins well before the perpetrator is ever charged. ... Decide Whether to Prosecute. ... Investigate Evidence. ... Offer Plea Bargains. ... Conduct Trials. ... Litigate Appeals.

What does a local district attorney do?

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 are the responsibilities and duties of a lawyer?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•

What profession is a DA?

lawyerA District Attorney is a lawyer who prosecutes criminal cases against people charged with crimes. The crimes can range from the most serious crimes like murder to less serious charges like vandalism. District Attorneys work for county governments and represent the government in criminal prosecutions.

How powerful is a district attorney?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the district attorney's office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

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.

Which of the following are the 4 duties of a lawyer?

Duties of Lawyer's :- Lawyer's have to conduct research and analysis of legal problems. Lawyer's have to present facts in writing and verbally to their clients or others, and argue on behalf of their clients. Lawyer's have to prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What requirements are needed to be a district attorney?

District Attorney Requirements:American Bar Association (ABA) accredited bachelor's degree in law or criminal justice.State Bar Association membership.Active state-approved licensure.At least 5 years experience in state prosecution.Demonstrable track record in the successful prosecution of criminal cases.More items...

Who was the youngest district attorney?

Marilyn Mosby (née James; born January 22, 1980) is an American politician and lawyer who has been the State's Attorney for Baltimore since 2015. She is the youngest chief prosecutor of any major American city.

What is the discretion of a prosecutor?

Prosecutors are given wide discretion over whether to prosecute an offender. Even if the evidence seems solid in the grand jury proceedings, there is always the possibility that the evidence will not be enough to move forward; witnesses disappear; or evidence reveals that another perpetrator was actually responsible. Criminal charges stemming from a police investigation, as opposed to a grand jury, often present a prosecutor with the difficult choice of accepting the charges or declining to prosecute. Citizen complaints alleging criminal activity are often declined due to a lack of evidence.

What is plea bargain?

A plea bargain is when the state, through its prosecutor, agrees to charge the defendant with a lesser crime carrying less penalty in exchange for a waiver of the defendant's right to a trial.

What happens when a jury is empaneled?

Once the jury is empaneled, the prosecutor presents the jury with an opening statement summarizing the case. The state presents its evidence first, followed by the defense. Throughout the trial, the prosecutor must make appropriate objections against evidence possibly inadmissible under the rules of evidence.

What is the role of a prosecutor in a criminal case?

Conduct Trials. If a criminal case goes to trial, the prosecutor must first work with the defense attorney to select a jury to hear the case. The prosecutor must investigate the background of jurors for potential bias and may excuse any candidate who likely cannot render an impartial verdict.

What is the role of the state government in the prosecution of crimes?

Each state government maintains a department of justice responsible for the prosecution of crimes. Counties, cities and towns also employ attorneys to prosecute crimes against state or local ordinances. These departments are staffed by attorneys who present the government's evidence to a judge or jury for a final determination of guilt. Known as a county or city attorney, district attorney, commonwealth attorney, prosecutor, state's attorney or deputy attorney general, these legal professionals are granted wide discretion with regard to deciding whether to prosecute, what charges to file and whether to permit a plea agreement.

What happens when a state loses a case?

In the event that the state loses its case, the prosecutor can appeal the case to the next highest state court. Many states employ attorneys specifically for appeals, known as appellate attorneys. Appeals prosecutors review the evidence and records from the trial and form an oral argument before the appellate court.

What is the purpose of a grand jury?

The prosecutor presents evidence in the form of witness testimony before the grand jury, whose members then decide whether there is probable cause for a criminal charge. Grand jury proceedings are closed to the public and are not subject to the rules of evidence. As such, hearsay evidence and testimony otherwise inadmissible in a trial may be introduced to the grand jury. In most jurisdictions, grand juries are reserved for the indictment of felony crimes only .

District Attorney Job Description Template

We are looking for a results-driven district attorney to strengthen our criminal prosecution system. You will be assessing police reports, coordinating a team of associates, and presenting pre-trial motions and cases in court.

District Attorney Responsibilities

Preparing criminal prosecution cases and representing the state in court.

District Attorney Requirements

American Bar Association (ABA) accredited bachelor's degree in law or criminal justice.

What is a district attorney?

District attorneys, sometimes called county attorneys, state attorneys, or prosecutors, are responsible for representing the government against criminal offenders in court. In many places, a district attorney must be elected into the position. At the federal level, a district attorney is called a U.S. Attorney.

What is environmental law?

Other lawyers may choose environmental law, joining forces with government programs, advocacy groups, and waste-management facilities to defend nature and uphold laws designed to protect the planet.

How many years does it take to become a lawyer?

It takes approximately seven years to become a lawyer. Four years consist of undergraduate studies and the remaining three years are spent in law school. Most states require potential lawyers to be graduates of an American Bar Association (ABA) accredited school to qualify for admission to the bar.

What do DAs do in court?

In court, DAs examine eyewitnesses as well as expert witness such as medical examiners. DAs also present evidence, such as a murder weapon or surveillance tapes, to juries.

What does a DA do?

A DA's office participates in criminal investigations and determines whether to file criminal charges. DAs work to reach plea deals with criminal defendants, and try criminal cases before judges and juries when negotiation fails.

What is a district attorney?

District attorneys are the top prosecuting attorneys for state crimes occurring within their counties' borders. DAs are typically elected by county residents, or in some cases, are appointed under state law. A DA's office participates in criminal investigations and determines whether to file criminal charges.

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 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 does the state attorney do after a crime?

After levying criminal charges, the state's attorney will then prosecute those charged with a crime . This includes conducting discovery, plea bargaining, and trial . In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within ...

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.

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 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 ...

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 nonenforcement authority authorize policy based nonenforcement of federal laws?

In the context of federal executive authority, UC Hastings College of the Law Professor Zachary Price has argued that presidential nonenforcement authority does not authorize policy-based nonenforcement of federal laws for entire categories of offenders.

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, ...

What are the duties of a grand jury?

Specific duties may include the following: To attend on the grand juries, advise them in relation to matters of law, and examine and swear witnesses before them. To draw up all indictments and to prosecute all indictable offenses.

What is the role of the Attorney General in impeachment proceedings?

To, when requested to do so by the Attorney General, assist the Attorney General in the prosecution of all impeachment proceedings which it is his or her duty to institute before a court involving any official or officials in their respective judicial circuits.

What is a district attorney?

A district attorney is an elected or appointed public official of a county or designated district whose duties are governed by state law.

What is a district attorney?

A District Attorney is a lawyer who prosecutes criminal cases against people charged with crimes. The crimes can range from the most serious crimes like murder to less serious charges like vandalism. District Attorneys work for county governments and represent the government in criminal prosecutions. Each county has one District Attorney, who is in charge of the entire District Attorney's Office. Many Deputy District Attorneys work for the head District Attorney, prosecuting various kinds of criminal cases. Some Deputy District Attorneys may work on specific kinds of cases, like gang-related cases or robbery cases or homicide cases, while others may handle certain kinds of criminal proceedings, like criminal arraignments or preliminary hearings. As Deputy District Attorneys get more senior, they oversee other Deputy District Attorneys and their caseloads.

What is the job of a lawyer?

Drafts, files and responds to necessary motions, briefs or other legal documents for trials and/or hearings. Explains legal process to potential witnesses, prepares witnesses for court testimony, and ensures clients or victims/families are kept informed on status of cases.

What does the judicial officer do?

Performs case evaluation, preparation and management; represents the state/client in pre-trial and evidentiary hearings and jury/court trials; and ensures effective communication with defense attorneys, court personnel, victims and family members, witnesses and other interested parties.

What is the job of a plea bargainer?

Participates in settlement or plea-bargain negotiations. Prepares necessary legal documents if settlement or plea-bargain agreement is reached and ensures signatures are secured and documents filed as required. Performs other duties as assigned. Graduation from an accredited law school is required.

What is the job of a criminal investigator?

Examines the evidence, interrogates witnesses, and investigates the scene of the crime. Determines if a crime has been committed, and whether the evidence justifies prosecution. Conducts pleadings, arraignments, pretrial agreements, and other aspects of trial work.

What is a District Attorney?

The powers and responsibilities of district attorneys can vary state-to-state. This post focuses on district attorneys in North Carolina and in Durham.

What do prosecutors do?

Prosecutors represent the State when someone is accused of committing a crime. They decide whether to bring the criminal charges filed by police to court. It’s then their job to prove to a judge or jury that the crime occurred and that the person accused of committing the crime (the defendant) did it.

How do prosecutors decide what charges to pursue?

In deciding what charges should move forward in court, prosecutors at the Durham DA’s Office consider the strength of the evidence, the nature of the offenses, public safety, the wishes of any victims, and whether the matter can be addressed through means other than a criminal conviction — for example with a diversion program or community service.

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Requirements For A District Attorney

  • Here are the requirements that aspiring district attorneys need to fulfill before finding work in the field:
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Work Environment For District Attorneys

  • 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-tim…
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Salary and Job Outlook For District Attorneys

  • 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 additio…
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Criminal Investigation

  • DAs play investigatory roles in criminal cases, both independently and by working cooperatively with local and state police. They take victim statements, conduct witness interviews, gather facts, and compile and analyze forensic evidence to build criminal cases. DAs also manage special units designated to investigate certain crimes. For example, these units might focus on investig…
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Charges and Grand Juries

  • DAs make the final determinations on whether to prepare and file criminal charges in court against alleged criminal perpetrators. In some circumstances, DAs must convince grand juries, which are comprised of ordinary U.S. citizens, that criminal charges are justified. For example, in Florida, DAs can independently file any criminal charge except first degree murder. The DA mus…
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Court Work

  • DAs represent the public's interest in court proceedings relating to criminal prosecutions. They attend arraignments, bail and motion hearings, and if needed, take criminal charges before judges and juries at trial. In court, DAs examine eyewitnesses as well as expert witness such as medical examiners. DAs also present evidence, such as a murder weapon or surveillance tapes, to juries…
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Ethical Duties

  • DAs are elected to represent the citizens of their counties. They are non-partisan and held to high standards of legal ethics. They are forbidden from frivolously bringing criminal charges. They also must take reasonable steps to inform an accused criminal of his legal rights. DAs also must inform the court of any new evidence they discover during ...
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