what does the district attorney do?

by Hubert Lemke DVM 5 min read

Here are some common district attorney duties:

  • Prosecute criminal violations and offenses.
  • Educate the public and law enforcement about crime prevention.
  • Provide legal advice to state officials.
  • Revise or create legislation and training with the state legislature.
  • Advise local law enforcement about investigation procedures and filing the right charges.

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 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 role does the district attorney perform?

 · The district attorney’s office also decides who to charge, what crime(s) to charge them with, whether to offer a plea deal or take a case to trial. District attorneys even provide recommendations to the court for sentencing. A district attorney’s job is an executive function, so you won’t typically see the DA in a courtroom. Oftentimes assistant district attorneys and …

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

 · Role & Duties of a District Attorney. Each state government maintains a department of justice responsible for the prosecution of crimes. Counties, cities and towns also employ attorneys to...

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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 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 an ADA administrator?

Administrative assistant district attorney (admin ADA), executive assistant district attorney (exec ADA), chief assistant district attorney (chief ADA), or first assistant district attorney (First ADA) are some of the titles given to the senior ADA leadership working under the DA. The chief ADA, Executive ADA, or first ADA, depending on the office, is generally considered the second-in-command, and usually reports directly to the DA. The exact roles and job assignments for each title vary with each individual office, but generally include management of the daily activities and supervision of specialized divisions within the office. Often, a senior ADA may oversee or prosecute some of the larger crimes within the jurisdiction. In some offices, the Exec ADA has the responsibility of hiring lawyers and support staff, as well as supervising press-releases and overseeing the work of the office.

What is the title of a circuit attorney in Missouri?

In St. Louis, Missouri, the title is circuit attorney, while in St. Louis County, Missouri, the title is prosecuting attorney.

How long is the term of a Commonwealth attorney?

Commonwealth's attorneys are elected in their respective jurisdictions in both Virginia and Kentucky for terms of four years and six years, respectively.

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 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 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 does a district attorney do?

A district attorney leads a team of assistant district attorneys (ADAs), investigators and administrative support staff as they collectively seek to prosecute criminals, prevent crimes, and support/give a voice to the victims of crime. In fact, one could say that a district attorney controls the majority of decisions within our criminal justice system. For instance, the DA’s office works closely with law enforcement agencies and to piece together all of the evidence for a given case. The district attorney’s office also decides who to charge, what crime (s) to charge them with, whether to offer a plea deal or take a case to trial. District attorneys even provide recommendations to the court for sentencing.

What is the role of the DA in a criminal case?

After law enforcement makes an arrest, the DA’s office works alongside law enforcement to carefully review all the facts and evidence about a given case. While an arrest only requires law enforcement officers to have probable cause, a criminal trial requires prosecutors to have enough evidence to establish that each and every element of a crime can be proven beyond and to the exclusion of any reasonable doubt. Prosecuting violent and dangerous crimes is a priority for DA offices, as they seek to maintain public safety.

What is the goal of a prosecutor when a case is taken to trial?

When a case is taken to trial, the prosecutor has one goal: to obtain a conviction and serve justice for the victim, the victim’s loved ones, and the greater community. Case closed.

How does restorative justice work?

Restorative justice programs help offenders understand the harm they’ve caused to the community and ultimately restore relationships. Working with youth to promote positive lifestyle choices and the pursuit of education. Helping those with prior convictions to find job and re-enter society safely and effectively.

What are proactive measures taken by the DA?

Proactive measures taken by the DA’s office include things like: Going through special court systems to avoid jail time with the goal of breaking the criminal cycle. In these types of cases, offenders may be required to receive mental health treatment, provided housing solutions, or enter rehabilitation programs.

What does the DA do?

Yes, that’s a major part of the job, but the DA’s office also has other responsibilities, such as working to prevent crime and protecting and supporting crime victims.

Does a district attorney have a term limit?

However, the position of district attorney has no term limits, so some district attorneys remain in their roles for decades. How does the district attorney’s office work proactively in the community? Many people think of the DA’s office as a place where lawyers work to prosecute and convict criminals.

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.

When do you have to make an application to the courts to place witnesses in criminal cases under bond?

To make application to the courts to place witnesses in criminal cases under bond for their appearance in court when they have information that the witnesses are about to leave 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.

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.

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 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 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.

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 does a deputy district attorney do?

For the head District Attorney, many Deputy District Attorneys work, prosecuting different kinds of criminal cases.

How long does a district attorney serve?

Depending on the jurisdiction, a district attorney is elected or appointed for a set term, typically 4 years in duration. It is the responsibility of the DA to determine whether, once they have reviewed the evidence for the case, a criminal case should be brought to trial.

Which government department is responsible for the prosecution of crimes?

Each state government maintains a department of justice responsible for the prosecution of crimes.

How many clients does a district attorney have?

Compared to lawyers who can be hired by anyone (including the government), the district attorney has only one client to prosecute criminal defendants on behalf of the government-the government and responsible for one job.

What is an attorney?

An attorney is simply one who is educated in the law. Any individual who has attended law school in the United States can regard themselves as an attorney.

What is a DA?

District Attorney (DA) is one of several names given throughout the various legal systems in the U.S. to individuals licensed to practice law. During criminal prosecution, DAs represent the government and are accountable for initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only lawyers allowed to participate in grand jury proceedings.

Why do you choose electives in criminal law?

By choosing electives or specializations in criminal law, schools can allow students to tailor their studies, which can be beneficial to aspiring district attorneys. Students often participate in legal internships to gain hands-on experience in addition to coursework.

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 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 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.

Why are criminal charges declined?

Citizen complaints alleging criminal activity are sometimes 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. Grand juries are reserved for the indictment of major felonies.

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.

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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.