what can you ask a distric attorney

Ask for a continuance, or extension of your trial date. If you are a defendant – in traffic court, for instance – and wish for more time to prepare your defense, you can sometimes write the district attorney for a continuance, though in some jurisdictions, you will need to appear in person to do so.

Full Answer

Should I write to the district attorney?

May 21, 2021 · When testifying under oath, the District Attorney can ask you any question, over the opposing attorney’s objections, and you will be asked to answer these questions. You are never required to incriminate yourself, so you may refuse to answer any question whose answer will put you in jeopardy of being prosecuted for a crime.

How do you communicate with the district attorney during a trial?

If you have a case going stale back at the police station at any point you can sometimes solve the problem by asking the district attorney to order the case back and turn it over to one of their own investigators to do the follow up.

What does a district attorney do?

Apr 27, 2014 · The District Attorney’s Office advocates on behalf of the victim of crime. In theory, it should be championing the ability for the victim to receive restitution in cases of monetary and property crimes and ensuring that violent criminals are unable to repeat physical violence, either by rehabilitation or segregation from society.

How do I find the address of a district attorney?

Oct 12, 2018 · If you insist on doing it yourself, yes, the DA can use your words against you so don’t talk too much. The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

What are good questions to ask a prosecutor?

Interview Questions for Prosecutors:Can you share a time when you persuaded a colleague to accept your point of view? ... What is the toughest case you have worked on? ... What would you do if a superior asked you to file a case but you did not believe beyond a reasonable doubt that the crime was committed by the defendant?More items...

What does 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.

How powerful is a district attorney?

The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.

Why would a DA call me?

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...May 15, 2012

Which three responsibilities would be undertaken by the district attorneys office in criminal law cases?

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.

Do district attorneys carry guns?

Although federal law allows prosecutors to carry weapons, federal policy stops prosecutors from taking personal guns to their offices, Cornyn said.Apr 4, 2013

What powers does a DA have?

A DA has the power to investigate allegations of law enforcement misconduct and ultimately bring charges. A DA also has the power to ask a special prosecutor or another agency to investigate law enforcement misconduct.

Do state attorneys have power over police?

District Attorneys have the power to hold police accountable.

Are DA 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.

Why would a lawyer randomly call me?

“If an attorney calls you, they probably got the information improperly from the police or hospital,” Watters said. “There are a lot of payoffs in this field and if a lawyer is willing to pay for information to get a client, that is a sign right there that the person is probably unethical.”

Can a defendant talk to a witness?

In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending. Even if the court does not forbid contact, this is a best practice because contact can lead to accusations of witness tampering, whether or not tampering actually occurred.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

The Criminal Justice Process

In Talking to the District Attorney as a Witness subject, When someone is arrested, they may or may not ultimately have charges filed against them. This means someone can be arrested for a crime, but the district attorney will review the police report and any available evidence to determine if the crime alleged was actually committed.

Role of the Talking to the District Attorney as a Witness

The role of the District Attorney is essentially just to prosecute the case. In California criminal courts, the prosecution holds the burden of proof that a crime was committed, meaning the District Attorney must show that every single element of the crime alleged was committed beyond a reasonable doubt.

Why a District Attorney May Want to Talk to You

A District Attorney may want to speak with you for any number of reasons. The District Attorney may think you witnessed the event, may understand that you know or are close with the defendant, or simply may want to see what you know about the crime committed.

When You MUST Talking to the District Attorney as a Witness

If you are called into court and put on the witness stand, you will be sworn in by the clerk of the court. This is the commonly heard phrase:

When You May NOT Want to Speak to the District Attorney

There are many reasons one may refuse to speak with a District Attorney. First and foremost, it can be intimidating arriving to court or speaking to someone that feels powerful. It also may make you feel at-risk, like what you say could be detrimental to your own freedom.

When You Can Refuse for Talking to the District Attorney as a Witness

If you are not in court, the District Attorney cannot require you to speak or answer any questions. You may always speak to the District Attorney if you wish, but you do have that option.

How long does it take for a suspect to be released from jail?

If this arraignment doesn't happen within 48 hours of arrest, then the jail must set the suspect free. This means that if the suspect is in custody, the DA must review the police report and decide which, if any, charges to file well within the 48 hour period, or the suspect will be set free.

What is the preponderance of evidence standard?

Family court operates on the 'preponderance of evidence standard', sometimes called the 'more likely than not' standard. So, if the defendant has been charged with domestic violence in the criminal system, that is usually sufficient for the family court to hold that the defendant is a perpetrator of domestic violence.

Is domestic violence a felony?

The case is charged as one count misdemeanor domestic violence. It should be charged as one count felony brandishing a weapon, one count misdemeanor domestic violence, and a felony threat to kill. Many times it is just that easy to see that the case is undercharged. Other times it takes more knowledge and experience.

What is a district attorney?

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.

Requirements for a district attorney

Here are the requirements that aspiring district attorneys need to fulfill before finding work in the field:

Top skills for district attorney

Here are the top skills that a district attorney typically needs to succeed:

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.

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.

John Joseph Brosnan

Don't be surprised if the ADA refuses to discuss the case with you other than letting you know what the offer is. Many offices have policy of not speaking with the defendant directly.

Todd W. Carpenter

You're the accused and the ADA is a law enforcement officer. ANY statement you make to the ADA may be used against you; there is no "off the record" or plea bargaining exception for defendant statements, at least in this type of case.

Matthew C Simon

It’s best to have a lawyer explain the ramifications of any plea agreement...#N#If you insist on doing it yourself, yes, the DA can use your words against you so don’t talk too much.

William Matthew Bailey

You really should have a lawyer. If you insist on trying to do this yourself, just let the prosecutor and court know that you want time to get an attorney if you are uncomfortable.

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.

Rixon Charles Rafter III

Be careful what you ask for- the DA's I know would make sure anyone who was shopping for a kinder, gentler DA, got in the form of a replacement, the hardest, toughest, ADA they had. If you are representing yourself--DONT--get a criminal defense attorney IMMEDIATELY...

Robert C Collins II

If there is a true conflict of interest (We are lawyers; there are rules for that. We have rules for everything. We freaking love rules.) then she likely has an obligation to withdraw from the case on her own. If it's just that you think she's out to get you, then that's not a conflict of interest.

Robert Douglas Kane Jr

Unless the prosecutor is married to or the parent of the victim your chances of getting a new prosecutor are just above zero.

Jay Scott Finnecy

You can request anything, but you cannot choose your prosecutor. What's the nature of the alleged conflict of interest? Have you discussed this with your attorney?

What does "no" mean in an interview?

To say “no” to an interview even though they have previously granted interviews. To release a written statement through a spokesperson in lieu of an interview. To exclude children from interviews. To refrain from answering any questions which are uncomfortable or the victim feels are inappropriate.

What to do if you are a victim of a crime?

Listed below are several things you should keep in mind or consider if you are the victim of a crime. Develop a good relationship with law enforcement officials and the prosecutor handling your case. Keep the district attorney’s office informed during all stages of the criminal justice process, and contact the Victim Assistance Coordinator.

How do citizens participate in criminal justice?

Citizen's Involvement in the criminal justice system typically begins with them being a victim, witness, or defendant of a crime. Arrests are made generally by a judge-issued warrant or by a police officer observing a crime in process. Law enforcement may also arrest someone if it has probable cause to believe the person committed a criminal offense. When individuals are arrested they are routinely advised of their Miranda Rights upon arrest, advising them that they have the right to remain silent and that anything they say will be used against them in court. On being questioned, defendants have the right to have their attorney present or to have one appointed if they are indigent.

What does "no" mean in media?

To say “no” to an interview. To select the spokesperson or advocate of their choice. To select the time and location for media interviews. To request a specific reporter. To refuse an interview with a specific reporter even though they have granted interviews to other reporters.

What are the duties of a prosecutor?

Prosecutors must carry out their duties to the public they represent , but like most public agencies and private businesses, resources are finite. A prosecutor may decide to make prosecution of certain offenses a priority, while offenses that are deemed lower priority might not be as vigorously pursued.

What does a prosecutor do in a criminal case?

In any criminal investigation, a prosecutor chooses which charge or charges to file or seek from a grand jury. A prosecutor also has the discretion to refrain from filing any charges at all. A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure.

Why is public pressure important in prosecuting?

Because prosecutorial discretion is a legitimate component of the prosecutor's powers, a private person usually has very few options to force the prosecutor to act. Courts will not intervene to force the prosecutor's hand. Most of the time, if the case is sensational, public pressure is the best means of persuasion.

What is a writ of mandamus?

This approach involves using a legal tool called a "writ of mandamus.". Usable when a public official fails to take official action, a private person may seek this writ, which asks for a court order directing an official to perform a duty that the official is under a legal obligation to perform. A writ of mandamus, however, is not available in most ...

Who has the final say when it comes to filing charges?

Most of the time, prosecutors have the final say when it comes to filing charges or asking a grand jury for an indictment. Political or public pressure sometimes changes their minds.

Can a victim press charges?

Generally speaking, a victim cannot press charges nor force an unwilling prosecutor to file charges or seek an indictment from a grand jury. The prosecutor, exercising "prosecutorial discretion," has the final say.

What Is A District Attorney?

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Requirements For A District Attorney

Work Environment For District Attorneys

Salary and Job Outlook For District Attorneys