what does a us district attorney do

by Oceane White 7 min read

District attorney. In the United States, a district attorney (DA) is the chief prosecutor for a local government area, typically a county. The exact name of the office varies by state. Except in the smallest counties, a district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs).

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.

Full Answer

What is the job description of 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. 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 role does the district attorney perform?

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. A district attorney is also referred to as a public prosecutor, state’s attorney, or prosecuting attorney.

What is it like to be 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 the purpose of district attorneys?

District Attorney Investigator Job Description Template – We are searching for a very hard working District Attorney Investigator who can help us in the process of investigation for the offences mentioned above. As a District Attorney Investigator, you will have to co-operate with the law agencies of local, state, and federal nature.

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What is the difference between States attorney and district attorney?

What is the difference between the U.S. Attorney's Office and the District Attorney's (D.A.'s) Office? The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. ... The D.A.'s Office, by contrast, prosecutes state crimes rather than federal crimes.Aug 21, 2015

What are the duties of a US Federal district attorney?

Under 28 U.S.C. § 547, the role of the United States Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so.

How much money does a US district attorney make?

The salaries of District Attorneys in the US range from $13,279 to $356,999 , with a median salary of $64,623 . The middle 57% of District Attorneys makes between $64,627 and $162,013, with the top 86% making $356,999.

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.

What power does the US Attorney General have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

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.

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

What is the highest paying job?

AnesthesiologistsHighest-Paying CareersRankOccupation2020 Median wagesAnnual1Anesthesiologists$100.00+2General Internal Medicine Physicians$100.00+3Obstetricians and Gynecologists$100.00+7 more rows

What is a US president salary?

$400,000 annuallyPresident of the United StatesPresident of the United States of AmericaFormationJune 21, 1788First holderGeorge WashingtonSalary$400,000 annuallyWebsitewww.whitehouse.gov13 more rows

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 jurisdiction of a district attorney?

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 indictments.

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?

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 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 a DA?

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 analogous position in the federal system?

The analogous position in the federal system is a United States Attorney. [Last updated in June of 2021 by the Wex Definitions Team] wex. CIVICS. government. THE LEGAL PROCESS. courts. criminal law.

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 are the duties of a district attorney in Louisiana?

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 ...

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 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.

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 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 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 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 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 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 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.

When the city of New York is sued for wrongful convictions due to prosecutorial misconduct, for example, what is

When the city of New York is sued for wrongful convictions due to prosecutorial misconduct, for example, the pay-out/settlement is paid by the People (taxpayer dollars). The district attorney and prosecutors in the office are not financially penalized. They do not payout settlements.

What is the real untouchables?

The Real Untouchables: District Attorneys-Prosecutors is a BBN series of reports examining and explaining the role of local district attorneys (prosecutors), with a focus on the Kings County District Attorney’s Office (Brooklyn, NY) and this year’s political race. Much of what is covered applies to any jurisdiction across the nation, where district attorneys are elected officials.

What is the number one form of accountability?

11. Prosecutors are seldom held accountable –disbarred or severely sanctioned– for misconduct. The number one form of accountability is the electorate process – voters who vote district attorneys in and out of office.

Is a district attorney a public defender?

The district attorney and the prosecutors (assistant district attorneys) in the office are not public defenders or criminal defense attorneys. If an individual is arrested for a crime, he/she does not call the district attorney’s office to defend him/her.

Who is Maureen Clavel?

Maureen Clavel, an editor and researcher in New York City; and, Nicole Crawford-Tichawonna, a writer and editor in Washington, D.C., who recently earned her master’s in journalism from Georgetown University, contributed to the research and editing of this report. Ernest Champell, is a Los Angeles-based journalist.

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.

Who is responsible for presenting the case against an individual suspected of breaking the law?

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.

When was the Office of the Attorney General created?

History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...

What is an AUSA?

An Assistant United States Attorney (AUSA), or federal prosecutor, is a public official who represents the federal government on behalf of the U.S. Attorney (USA) in criminal prosecutions, and in certain civil cases as either the plaintiff or the defendant.

When was the EOUSA created?

The EOUSA was created on April 6, 1953, by Attorney General Order No. 8-53 to provide for close liaison between the Department of Justice in Washington, DC, and the 93 U.S. attorneys located throughout the 50 states, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.

What is the role of administrative management?

Administrative management direction and oversight, Operational support, Coordination with other components of the United States Department of Justice and other federal agencies. These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education.

When did the Department of Justice become independent?

Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

When did the interim appointment authority change?

Therefore, at that time, the interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts. Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems.

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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.

Overview

United States attorneys represent the United States federal government in United States district courts and United States courts of appeals.
The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and ar…

History and statutory authority

The Office of the United States Attorney was created by the Judiciary Act of 1789, along with the office of Attorney General and United States Marshal. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up the United States Federal Judiciary, including a district court system. Thus, the office of U.S. Attorney is older than the Department of Justice. The Judiciary Act of 1789 provided for the appointment in each judici…

Appointment

The U.S. attorney is appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified. By law, each United States attorney is subject to removal by the President. The Attorney General has had the authority since 1986 to appoint interim U.S. attorneys to fill a vacancy.

Role of U.S. attorneys

The U.S. attorney is both the primary representative and the administrative head of the Office of the U.S. Attorney for the district. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate. However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen…

Executive Office for United States Attorneys

The Executive Office for United States Attorneys (EOUSA) provides the administrative support for the 93 United States attorneys (encompassing 94 United States Attorney offices, as the Guam and the Northern Mariana Islands has a single U.S. attorney for both districts), including:
• General executive assistance and direction,
• Policy development,

List of current U.S. attorneys' offices

1. U.S. Attorney for the Middle District of Alabama
2. U.S. Attorney for the Northern District of Alabama
3. U.S. Attorney for the Southern District of Alabama
4. U.S. Attorney for the District of Alaska

Defunct U.S. attorneys' offices

• U. S. Attorney for the District of Michigan (February 24, 1863)
• U. S. Attorney for the Eastern District of South Carolina (October 2, 1965)
• U. S. Attorney for the Western District of South Carolina (October 2, 1965)

See also

• List of United States attorneys appointed by Joe Biden
• List of United States attorneys appointed by Donald Trump
• Dismissal of U.S. attorneys controversy (2007)
• 2017 dismissal of U.S. attorneys