what are the duties of commonwealth's attorney in virginia

by Odessa Conroy 10 min read

Commonwealth's Attorney

  • Purpose. The Commonwealth’s Attorney represents the Commonwealth of Virginia as prosecutor in the General District Court, the Juvenile and Domestic Relations Court, the Circuit Court, and in the Court of ...
  • Duties. The Commonwealth’s Attorney is an elected, Constitutional, sworn law-enforcement official, independent in his duties from the County and State.
  • Additional Responsibilities. He also investigates and prosecutes conflict of interest charges.

The primary duty of each commonwealth's attorney is to prosecute all felonies and misdemeanors charged under the Code of Virginia occurring in his or her locality. In other states, this position is often named "district attorney" or "state's attorney."

Full Answer

What are the powers and duties of a commonwealth attorney?

The attorney for the Commonwealth shall exercise all the powers conferred and perform all the duties imposed upon such officer by general law. He may perform such other duties, not inconsistent with his office, as the governing body may request.

What is the Commonwealth's Attorneys Services Council?

The Commonwealth's Attorneys' Services Council is the Virginia state agency responsible for providing training, education and services to Virginia's prosecutors.

How are compensated assistants to the Attorney for the Commonwealth appointed?

Every county and city may, with the approval of the Compensation Board, provide for employing compensated assistants to the attorney for the Commonwealth as in the opinion of the Compensation Board may be required. Such assistant or assistants shall be appointed by the attorney for the Commonwealth for a term coterminous with his own.

What happens after a Commonwealth’s attorney gets a case?

After a Commonwealth’s Attorney gets a case, they have the burden of continuing the investigation, introducing evidence on behalf of the state and proving a defendant’s guilt beyond a reasonable doubt. Defendants have no obligation to prove their innocence in a court of law.

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Is the Commonwealth's attorney elected in Virginia?

§ 15.2-1626. Attorney for the Commonwealth. The voters in every county and city shall elect an attorney for the Commonwealth unless otherwise provided by general law or special act.

How much does a assistant commonwealth attorney make in VA?

How much does a Commonwealth Attorney make in Virginia? As of May 22, 2022, the average annual pay for a Commonwealth Attorney in Virginia is $63,425 a year. Just in case you need a simple salary calculator, that works out to be approximately $30.49 an hour. This is the equivalent of $1,220/week or $5,285/month.

How long is the Commonwealth attorney term in Virginia?

four-yearLike all Constitutional Officers (excluding Clerks) the Commonwealth's Attorney is elected to a four-year term. The Commonwealth's Attorney represents the people of Virginia in prosecuting criminal cases.

Who prosecutes crimes in Virginia?

The attorney for the Commonwealth's and assistant attorney for the Commonwealth's shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, ...

What is Commonwealth 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 or a group of counties.

How many Commonwealth attorneys are in Virginia?

The Virginia Association of Commonwealth's Attorneys (VACA), which represents all 120 elected prosecutors in the state, has generally opposed the kinds of reforms now under discussion.

Who is the commonwealth attorney in Virginia?

Matthew R. Kite serves as King William's Commonwealth's Attorney. He can be reached through his office at (804) 769-4211, or by email.

What is a 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.

What is a prosecutor in Virginia called?

A Virginia Commonwealth Attorney is the prosecuting officer of a criminal case (i.e., the official who represents the government in the prosecution of criminal offenses). Other states call them district attorneys (or "D.A.s"), but they serve the same functions.

Is a public prosecutor a lawyer?

a lawyer who represents the government in a court of law: Ugaz was named as a public prosecutor and charged with investigating the spy chief.

What is the responsibility of the Commonwealth's Attorney?

Responsibilities. The Commonwealth's Attorney's duties primarily encompass the prosecution of all criminal offenses that occur within Cumberland County, including traffic, misdemeanors and felonies. As the county's only prosecutor, the Commonwealth's Attorney handles all of the cases in the Circuit, General District and Juvenile ...

Is the Virginia Supreme Court online?

Please see the Virginia Supreme Court website when you need to verify court dates and times in the General District and Circuit Courts. Cases pending in the Juvenile and Domestic Relations Court are not available online.

What are the duties of a Virginia prosecutor?

In the most serious criminal cases, prosecutors often recommend prison sentences to separate dangerous people from the public so they can’t hurt others. In other cases, prosecutors recommend counseling, restitution, diversion or other alternative solutions to seek justice and work to provide access to services people need to stay out of the criminal justice system.

What do prosecutors care about?

ANSWER: Our prosecutors care deeply about the welfare of all Virginians, especially those in need of assistance. People with mental health issues, drug additions or who are homeless are accountable for their behavior under the law just like the rest of us. Many Commonwealth’s Attorneys participate in and dedicate staff to alternative sentencing programs. Some examples of these programs are drug court, mental health court, DUI court, community and veterans court. These programs strive to keep people out of prison by providing solutions and resources to people who need the help the most. Many of these programs are not funded by the state. Some elected prosecutors seek outside grant funding like the Commonwealth Attorney in Virginia Beach did….

What is the difference between a prosecutor and a defense attorney?

While they both must work within the law and ethical rules, the job of a defense attorney is to zealously represent her client regardless of the person’s guilt.

What is the burden of the Commonwealth of Virginia?

After a Commonwealth’s Attorney gets a case, they have the burden of continuing the investigation, introducing evidence on behalf of the state and proving a defendant’s guilt beyond a reasonable doubt. Defendants have no obligation to prove their innocence in a court of law. That burden solely rests with the Commonwealth of Virginia through the efforts of the prosecutor.

Why do prosecutor in Virginia do what they do?

If you ask a prosecutor in Virginia why they do what they do, most would agree that they have a desire to serve their community, pursue social justice and to do the right thing. They understand both the responsibility and the privilege of serving as a prosecutor.

How many alternative courts are there in Virginia?

Virtually every jurisdiction in Virginia has at least one alternative court or diversion initiative, and some have as many as 10! And – all of these programs were initiated by the local Commonwealth’s Attorney. With more and more of these initiatives emerging every year, it’s clear that Virginia’s Commonwealth’s Attorneys are absolutely committed to making our justice system modern, resource efficient, effective and fair for all.

What are the rights of defendants?

Defendants have extensive rights in our legal system. These rights stem directly from the Constitution of the United States, as well as the Constitution of Virginia. It is the job of Commonwealth’s Attorney to do everything in his or her power to protect the rights of anyone who is charged in a criminal case.

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