what do district attorney do exactly

by Prof. Lucie Cummings 8 min read

  • Prosecuting suspected lawbreakers. District attorneys have the authority to decide whether or not to prosecute an accused person. ...
  • Conducting investigations. Crime prosecution typically begins before charging a perpetrator. ...
  • Offering plea bargains. ...
  • Investigating and presenting evidence. ...
  • Litigating appeals. ...
  • Attending trials. ...

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. This includes investigation and apprehension, as well as prosecution in court.

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 power does a district attorney have?

When the police arrest someone and charge them with a crime in district court, the local 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 do district attorneys work for?

A district attorney, also known as a state attorney, is a law professional who represents the U.S. government in criminal cases that take place in county-level or local courts. District attorneys are responsible for efforts like recommending sentencing, initiating further investigations and presenting cases against a suspected lawbreaker.

What is the role of the district attorney?

What does a district attorney do?

  • Prosecuting suspected lawbreakers. District attorneys have the authority to decide whether or not to prosecute an accused person. ...
  • Conducting investigations. Crime prosecution typically begins before charging a perpetrator. ...
  • Offering plea bargains. ...
  • Investigating and presenting evidence. ...
  • Litigating appeals. ...
  • Attending trials. ...

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What is the work of a DA?

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.

Are District Attorneys powerful?

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.

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?

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?

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 required to become a district attorney?

Required licensure for a district attorney involves the successful completion of one or more bar exams and admission into his or her state's bar association. The lawyer can then provide services within the state where he or she is approved. Circumstances that may prevent a student from admittance into a bar association are academic concerns, substance abuse, and legal offenses. A lawyer is also typically obligated to fulfill continuing education requirements to maintain active licensure and remain current in his or her area of expertise.

What is the job of a lawyer?

A lawyer can work in a variety of settings and specialize in many different areas. For example, a lawyer can specialize in family law and concentrate their practice in adoption, child support, and divorce. Some specialize in public-interest law, fighting with, or for, non-profit organizations and disadvantaged people. 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 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 primary duty of a district attorney?

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.

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 states use state attorneys?

State's attorney or state attorney is used in Connecticut, Florida (state attorney), Illinois, Maryland, North Dakota, South Dakota, and Vermont. In Maryland, the roles of Assistant and Deputy are reversed from those used in "District Attorney" jurisdictions, with Deputy State's Attorney being the primary subordinate to the elected State's Attorney and Assistant State's Attorneys (ASA) being the line-level prosecutors of the office.

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?

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 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 powers does the grand jury have?

To, at any time the grand jury is not in session, issue subpoenas to persons to come before them, and they shall have power to administer oaths to those persons and examine them as to any violation of the criminal laws of the state.

What does "to perform other duties" mean?

To perform other duties and exercise other powers as are or may be required by law.

What happens when a criminal case is removed from a circuit court?

If a criminal prosecution is removed from a court of his or her circuit, county, or division of a county to a court of the United States , to appear in that court and represent the state; and, if it is impracticable, consistent with his or her other duties, to attend that court , he or she may designate and appoint an attorney practicing therein to appear for and represent the state.

Where to check criminal appeals?

To carefully read and check the record on appeal in all criminal cases appealed from the circuit court of their judicial circuit to the Court of Criminal Appeals or the Supreme Court of the state, and call to the attention of the trial judge any errors or discrepancies that may appear in the record.

Can a district attorney practice law?

All district attorneys and all full-time assistant district attorneys shall devote their entire time to the discharge of the duties of their respective offices, and each and every one of the officers are prohibited from practicing law, directly or indirectly, in any court of this state or of the United States, or in any other manner or form whatsoever, except in the discharge of the official duties of their offices.

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 process of a state prosecutor's appeal?

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. Appellate courts do not permit the introduction of new evidence and only allow each side approximately 15 minutes to argue its position.

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 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 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 .

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 district attorney?

Also called county or state attorneys, or prosecutors, district attorneys are elected to represent the government against criminal offenders in court. They review police reports, determine whether criminal charges are to be brought against perpetrators, and argue criminal cases in court.

How to be successful as a district attorney?

To ensure success as a district attorney, you should demonstrate extensive knowledge of the criminal justice system and experience in presenting cases in court. An accomplished district attorney will be someone whose expertise results in an increase in successful prosecutions.

What is the job of a criminal prosecutor?

Preparing criminal prosecution cases and representing the state in court.

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 are the duties of a police officer?

Duties: Assists police in the investigation of criminal offenses. Provides legal opinions to police relative to investigations. Conducts legal research and writes opinions thereon. Advises police on the drafting of criminal complaints, search warrants and statements of probable cause. Evaluates evidence relative to propriety of criminal charges and search warrants. Assembles and evaluates evidence, interviews and prepares witnesses for various court appearances. Represents the Commonwealth in the prosecution of cases at preliminary hearings, pretrial motions, trials before court and/or jury, post-verdict motions and appeals to Superior and Supreme Courts of Pennsylvania. Represent s Commonwealth in Post-Conviction Relief Act hearings in the Court of Common Pleas and appeals therefrom to the Superior and Supreme Courts of Pennsylvania. Represents the Commonwealth in proceedings on writ s of habeas corpus in United States District Court , Courts of Appeal and Supreme Court. Represents the Commonwealth and the Court of Common Pleas in Indirect Criminal Contempt proceedings and all appeals therefrom. Represents the Commonweal th in Juvenile Court proceedings and all appeals therefrom. Represents the Commonwealth in summary appeals and appeals therefrom. Represents the Commonwealth in pre-trial conferences. Does legal research and makes oral arguments and prepares written briefs before all Commonwealth and federal courts. Responds to miscellaneous requests for legal opinions from law enforcement officers and the general public. Interacts with all other state and local law enforcement agencies and local individuals and organizations.

What is a district attorney?

A district attorney is an appointed official who represents a county, city or state in criminal matters. Their job is multifaceted. In addition to analyzing evidence and deciding when prosecution is necessitated, they must argue cases in court and prosecute criminals.

What is an assistant district attorney?

Assistant district attorneys have a wide variety of responsibilities that ensure the district attorney’s job is done properly and with precision. ADAs perform extensive research dependent on each case, draft legal documents such as motions, and can appear in court to help try a case. References. Detailed Job Description.

How much does a district attorney make?

The median salary for this position is dependent on the number of years it has been held. Those who have held the position one to four years average roughly $60,000 a year. That number doubles for district attorneys who have worked for 20 years or more.

How many counties does Oregon have a district attorney?

A district attorney, or DA, is the top elected prosecutor in each county. Oregon, which has 36 counties, has 36 elected district attorneys. In larger counties, the DA hires and supervises a staff of deputy prosecutors. In smaller counties, the district attorney may be the only prosecutor.

Can a lawyer be a DA?

Though most elected DAs have spent their career as deputy prosecutors, there is no requirement that the elected DA have that background. Any lawyer can be a DA if the people choose to elect them.

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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 county or 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 informations and/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.