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.
Full Answer
What is the job description of a district attorney?
Career Overview. Prosecuting attorneys are lawyers employed by the government to represent the people of their jurisdictions in criminal trials. U.S. prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law. The chart below provides information on educational requirements, salaries and job …
How does a district attorney and prosecutor differ?
Definition of prosecuting attorney. : an attorney who conducts proceedings in a court on behalf of the government : district attorney.
Who appoints district attorney?
prosecuting attorney n (Law) law US (in some states) an officer in a judicial district appointed to conduct criminal prosecutions on behalf of the state and people Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014 pros′ecuting attor′ney n.
What does a district attorney do?
A district or prosecuting attorney is the legal representative of the state, county, or municipality, whose primary function resides in instituting criminal proceedings against violators of state or municipal penal laws. The law of the particular jurisdiction determines whether they are appointed or elected to office and their term of office.
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 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 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 does the state attorney do after a crime?
After levying criminal charges, the state's attorney will then prosecute those charged with a crime . This includes conducting discovery, plea bargaining, and trial . In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within ...
What is a prosecuting attorney?
Prosecuting attorneys are lawyers employed by the government to represent the people of their jurisdictions in criminal trials. U.S. prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law.
What is a prosecutor?
Prosecutors must be masters of all aspects of criminal law and also effective communicators with the defense, victims, witnesses, courts, law enforcement and other parties.
How long does it take to become a prosecutor?
Aspiring prosecuting attorneys must first obtain a four-year degree from an accredited university and then graduate from law school, which typically takes an additional three years. Law students interested in becoming prosecutors often focus their studies on criminal law.
What is the primary duty of a prosecutor?
A code of ethics for prosecutors published by the American Bar Association says: ''The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. …. The prosecutor should seek to protect the innocent and convict the guilty.''.
Who is the first to speak at a trial?
Prosecuting attorneys are the first to speak when a trial opens, laying out the case against the accused. They introduce and interview witnesses to present evidence that the accused is guilty as charged beyond a reasonable doubt.
What does a district attorney do?
A district attorney determines when to initiate a particular prosecution and must exercise due diligence in conducting the prosecution. The individual may neither restrain the GRAND JURY from considering charges by asserting that the government will not prosecute nor dismiss a criminal charge pending before it.
What determines the term of office of a prosecuting attorney?
The law of the particular jurisdiction determines whether they are appointed or elected to office and their term of office. The legislature may, within the restrictions imposed by constitution or statute, prescribe the qualifications of the prosecuting attorney. He or she may be required to reside in the district or satisfy a particular minimum-age ...
What is a federal attorney?
The elected or appointed public officers of each state, county, or other political subdivision who institute criminal proceedings on behalf of the government. Federal attorneys who represent the United States in prosecuting federal offenses are U.S. attorneys. A district or prosecuting attorney is the legal representative of the state, county, ...
What is a special prosecutor?
Special prosecutors are attorneys appointed by the government to investigate criminal offenses involving officials of the EXECUTIVE BRANCH, since the government cannot effectively investigate itself .
What is the purpose of a statute?
Statutes provide for the appointment of assistant district attorneys to render supplementary services to the district attorney. Independent of statute, however, the courts frequently exercise discretionary power to appoint attorneys to assist the prosecuting attorney in criminal cases. Statutes primarily govern the qualifications, salary, tenure, ...
Is the district attorney a disparate office?
The respective powers of the district attorney and of the ATTORNEY GENERAL, the principal law officer of the state, are ordinarily disparate. Neither the district attorney nor the attorney general may impinge upon powers reserved exclusively to the other.
Can a prosecuting attorney be suspended?
Statutes prescribe the compensation of prosecuting attorneys. A prosecuting attorney whose term is regulated by law cannot be removed or suspended from office , other than pursuant to the manner authorized by constitution or statute. The grounds specified by law govern removal.
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.
What is a defense attorney?
A defense attorney is a lawyer who defends a person or business against criminal charges. They may have their own private legal practices, or the government may employ them as public defenders.
What is a prosecutor?
A prosecutor is a lawyer and elected official that represents an individual or an entire body of citizens of a jurisdiction when they press legal charges against a person or corporation.
Defense attorney vs. prosecutor
While both defense attorneys and prosecutors represent groups and individuals during a legal trial, their responsibilities and professional requirements differ. Here are some differences between a defense attorney and a prosecutor:
Who is the top law enforcement official in the county?
The District Attorney is the top law enforcement official in the county. However, he is the only law enforcement official in the county that isn’t required to be a licensed peace officer. As an elected official, he usually tries to keep all of the real peace officer departments placated.
Can an assistant district attorney apply for an eavesdropping warrant?
Is a prosecutor a political position?
Whether the chief prosecutor in a jurisdiction is elected or appointed, the fact remains that the position is inherently political. That means that a prosecutor’s discretion is sometimes limited by the boss for political reasons. (In most places, junior prosecutors will have very limited discretion.
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.
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