what is the difference between a district attorney and a defense attorney

by Prof. Conor McClure II 7 min read

When you’re a district attorney, you have a lot of cases, you have very little time to work on things. But as a defense attorney, I actually am able to sit down, and talk with my clients. I talk with my clients direct, I work with you. And a lot of my clients and I are friends long after I represent them.

Both prosecutors and defense lawyers are the major players in the trial on criminal cases. Whereas a prosecutor tries to show that the defendant is guilty, however, the defense lawyer tries to prove his innocence.

Full Answer

Is district attorney and prosecutor the same?

The district attorney’s office is not a private law firm. It is a public institution beholden to the People – hence, the public. 3. District Attorney and prosecutor are one in the same. But there is only one elected district attorney in a county or jurisdiction, and he/she hires assistant district attorneys (prosecutors). 4.

Who gets paid more a prosecutor or a defense attorney?

Who makes more money a lawyer or a prosecutor? Public defenders tend to make slightly more than prosecutors, according to the NALP. As of 2014, starting public defenders reported a median salary of $50,400 per year, while those with five years of experience reported salaries of $63,000 and those with between 11 and 15 years earned a median of $84,500.

What does a district attorney do?

  • District Attorney. Job Description: A District Attorney is a public position held by an individual who has been selected to represent the state during criminal justice proceedings.
  • Assistant District Attorney. ...
  • Defense Attorney. ...
  • State’s Attorney General. ...
  • U.S. ...
  • Assistant United States Attorney. ...
  • U.S. ...

What is a district attorney lawyer?

The district attorney manages a team of prosecutors, assistant district attorneys, who represent the State and prosecute criminals. District attorneys can be chosen by the chief executive of the jurisdiction or elected by the voters of the jurisdiction. First, we should explain the difference between a lawyer and an attorney.

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Is a DA better than a lawyer?

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

Is a DA the same as a lawyer?

A district attorney is also referred to as a public prosecutor, state's attorney, or prosecuting attorney. The analogous position in the federal system is a United States Attorney.

What is the difference between the defense attorney and the prosecutor?

Prosecutors attempt to convict a person who they believe has committed a crime while a criminal defense lawyer will fight for the rights of the accused and attempt to convince a jury that his or her client was not guilty. Criminal defense attorneys can be hired by the individual or they can be appointed by the court.

What's the difference between DA and ADA?

The ADA is the prosecutor who stands before the courtroom presenting evidence the state has found against the defendant. When a criminal case is presented to the DA's Office, the DA assigns the case to one of the ADAs, who will then compile evidence and manage further case proceedings.

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.

How powerful is a district attorney?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the 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 is more powerful prosecutor or lawyer?

Goal. The prosecutor must charge the accused with a specific crime or crimes, then present evidence that proves beyond a reasonable doubt that the accused is guilty. The defense attorney must defend their client against criminal charges. The client is innocent until proven guilty.

Is prosecutor higher than attorney?

The prosecutor works to prove guilt beyond a reasonable doubt while the defense attorney attempts to create reasonable doubt so that their client is deemed innocent. If the jury says that an individual is guilty, the prosecutor and defense attorneys both help with sentencing.

Who does the defense attorney represent?

A defence lawyer is a lawyer who represents a person charged with a criminal offence. It is the defence lawyer's job to ensure that the rights of the accused are protected throughout the criminal process.

What is the difference between a district attorney and a States attorney?

A lawyer who represents the state in local criminal cases is usually referred to as the "District Attorney," although, depending on your state, these attorneys can go by other titles such as "Prosecuting Attorney" or "County Attorney." The Attorney General of a state typically represents the state in civil cases, but ...

How are district attorneys selected?

District attorneys are either elected by the local constituents they represent or appointed by the chief executive of the jurisdiction. Except for the District of Columbia and three states—Connecticut, New Jersey, and Alaska—other 47 states across the country elect their District Attorneys.

How many US attorneys are there?

93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

What is the difference between a city attorney and a district attorney?

The City Attorney has the main person. They have an assistant. They have a bunch of Deputies. They have supervising City Attorneys in each of the branches of the courthouses. The District Attorney is like a business. They have a head District Attorney and they have multiple Assistant heads. They’ve got office heads.

Where is the District Attorney's office in Los Angeles?

There’s one main District Attorney’s office which is in downtown Los Angeles actually in the criminal court building at 210 West Temple. The City Attorney’s office has their own offices as well. They’re in most of the courthouses. There are a few examples of courthouses where there’s only District Attorneys and they prosecute both felonies ...

Who prosecutes felonies?

But in most of the courthouses, there’s both City Attorneys and District Attorneys, and again, the District Attorneys are usually prosecuting the felonies – the more serious cases, and the City Attorneys are usually prosecuting the misdemeanors – or the more community-based offenses. So, there’s a head City Attorney.

Do city and district attorneys work together?

Sometimes they have to work together. Sometimes the City Attorneys and District Attorneys have to deal with a case where both a felony and a misdemeanor are filed. Sometimes somebody will be on misdemeanor probation and commit a felony, and then the City Attorney comes in and give their position on how they’re going to deal with their probation violation, for example, so it has to be coordinated between the defense attorney and also the District Attorney. So, a lot of times the City Attorney and District Attorney will work side-by-side on certain cases in certain situations.

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:

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District Attorney

  • Synonyms: DA, Prosecutor, Prosecuting Attorney, State’s Attorney, Commonwealth Attorney Job Description:A District Attorney is a public position held by an individual who has been selected to represent the state during criminal justice proceedings. The DA is ultimately responsible for serving justice within the community. A District Attorney is ele...
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Assistant District Attorney

  • Synonyms: ADA, Prosecutor, Prosecuting Attorney, Deputy District Attorney Job Description:An Assistant District Attorney, or ADA, is the individual you probably think of when picturing a courtroom trial. The ADA is the prosecutor who stands before the courtroom presenting evidence the state has found against the defendant. When a criminal case is presented to the DA’s Office, …
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Defense Attorney

  • Synonyms:Public Defender, Defense Lawyer, Defense Counsel, Criminal Defense Attorney, Criminal Trial Lawyer Job Description:A Defense Attorney is the defendant’s legal representative in the courtroom and is responsible for protecting the defendant’s rights. A Defense Attorney provides legal defense for the accused by guiding clients through the legal process, seeking bail …
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State’S Attorney General

  • Synonyms:Attorney General, State Attorney General, Attorneys General Job Description:Each of the 50 states, as well as the U.S. territories, have an Attorney General serving as chief legal officer to work on criminal, civil, and consumer protection cases. These State Attorney Generals work under the leadership of the U.S. Attorney General. According to the National Association of Attor…
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U.S. Attorney

  • Synonyms:United States Attorney, USA Job Description:Appointed by the President of the United States, U.S. Attorneys prosecute federal crimes, rather than state crimes. In addition to prosecuting federal crimes, U.S. Attorneys prosecute and defend civil cases for the United States, as well as collect outstanding debts to the Federal Government. Just as District Attorneys have …
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Assistant United States Attorney

  • Synonyms: Federal Prosecutor, AUSA, Assistant U.S. Attorney Job Description:An Assistant U.S. Attorney represents the federal government by prosecuting federal criminal charges. In federal civil cases, a U.S. Attorney can serve as the prosecutor, or as the defense on behalf of the federal government. The AUSA is appointed to try individual cases at the discretion of the U.S. Attorney …
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U.S. Attorney General

  • Synonyms: Attorney General, United States Attorney General Job Description: The unique role of U.S. Attorney General applies to the individual who has been appointed by the President of the United States and leads the United States Department of Justice. The current Attorney General is Merrick Garland, who was sworn-in in March of 2021. Attorney General Garland directs approxi…
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