what can a district attorney do

by Bartholome Cole 5 min read

A district attorney typically works for a county or state government and acts as the prosecutor in criminal cases. Each state maintains a justice department responsible for criminal prosecutions. Cities, towns and counties also maintain justice departments responsible for prosecuting crimes against local and state ordinances.

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?

A district attorney is a lawyer that legally represents the state during the prosecution of criminal offenders within a specific area or jurisdiction. In many instances, district attorneys lead a team of associates in coordinating duties essential for preparing and presenting cases in …

What is it like to be a district attorney?

Feb 12, 2021 · District attorneys have significant decision-making power and the decisions they make have a big impact on the community. They can decide whether criminal charges are brought to court, which cases...

What role does the district attorney perform?

A district attorney is an elected or appointed public official of a county or designated district whose duties are governed by state law. Generally, the duties of a district attorney are to manage the prosecutor's office, investigate alleged crimes in cooperation with law enforcement, and file criminal charges or bringing evidence before the Grand Jury.

What is the purpose of district attorneys?

The District Attorney’s Office prosecutes crimes against state laws and local ordinances and is staffed by attorneys who present the state’s evidence to a judge or jury for a determination of guilt or innocence. Read below all that the District Attorney’s Office does.

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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 an 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, ...

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 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 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.

Is the salary of an ADA lower than the salary of an elected DA?

The salary of an ADA will be lower than the elected DA. The non-monetary benefits of the job induce many to work as an ADA; these include the opportunity to amass trial experience, perform a public service, and network professionally.

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.

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 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.

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.

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 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 job of a prosecutor?

It is the prosecutor’s job to make certain the evidence available and admissible in the case is sufficient to meet this burden . The prosecutor generally relies on the police to produce sufficient evidence of the crime, but it is the prosecutor’s ultimate responsibility to investigate illegal activity.

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 22nd district in Louisiana?

Louisiana is divided into districts, each consisting of one or more parishes. The 22nd Judicial District, for example, consists of St. Tammany and Washington Parishes. Each district has an elected District Attorney. The District Attorney’s Office prosecutes crimes against state laws and local ordinances and is staffed by attorneys who present ...

What is a grand jury investigation?

Conduct a Grand Jury Investigation. The prosecution of a crime begins well before the perpetrator is ever charged. A grand jury is convened prior to the issuance of an indictment.

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 sometimes declined due to a lack of evidence.

What is a plea bargain in criminal law?

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. The prosecutor must present the plea agreement to the judge, who will review the new charges with the defendant and make certain he understands the agreement.

Is a grand jury open to the public?

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. Grand juries are reserved for the indictment of major felonies.

What is the job of a prosecutor?

It is the prosecutor's job to make certain the evidence available and admissible in the case is sufficient to meet this burden. The prosecutor generally relies on the police to produce sufficient evidence of the crime, but it is the prosecutor's ultimate responsibility to investigate illegal activity.

What is the role of the Department of Justice?

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.

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 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 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 .

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.

Is a grand jury open to the public?

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.

What is a local district attorney?

1. The local -or state- district attorney is an elected office, like the mayor or city council. The public (voters) votes them in -or out- of office just like any other elected office. Only a handful of states have appointed local district attorneys.

Who is Cynthia Jones?

Cynthia Jones, an expert on criminal law and procedure, who also teaches at American University’s Washington College of Law in Washington, D.C., says, “The role of a prosecutor is due justice. Prosecuting people who have committed crimes; and, advocating on behalf of victims.

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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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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 countyor a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…

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…

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.