what is the difference between district attorney and state attorney?

by Cletus Turner 8 min read

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.

Can the state attorney general prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

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.

Is a state's attorney the same as attorney general?

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 ...

Is a district attorney a lawyer?

The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.

What does a state attorney do?

The functions of the State Attorney is as follows: The drafting and managing of contracts on behalf of the State. The handling of criminal and civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties.

Who is above the District Attorney?

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.

What is District Attorney India?

The primary function of the District Attorney is to prosecute criminal offences in a designated state or district on behalf of the government. In order to prosecute the criminals, the District attorneys work in cooperation with law enforcement officials (police) who had investigated the crime.

How much does a DA make?

How much does a District Attorney make? The average District Attorney in the US makes $77,118. The average bonus for a District Attorney is $7,054 which represents 9% of their salary, with 100% of people reporting that they receive a bonus each year.

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 an 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, ...

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 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 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.

Is the salary of an ADA lower than the salary of an elected DA?

The salary of an ADA will be lower than the elected DA. The non-monetary benefits of the job induce many to work as an ADA; these include the opportunity to amass trial experience, perform a public service, and network professionally.

What is the Attorney's Office?

The Attorney’s Office speaks to the United States in government cases, which means they emerge from bureaucratic law made by Congress. These cases are heard in government courthouses all through the country. State and local prosecutors (regardless of whether the head prosecutor, province/city investigator, or the state lawyer general’s office), ...

What are the duties of an attorney general?

The basic duties of the Attorney General are to: 1 Represent the United States in legitimate issues. 2 Administer and direct the organization and activity of the workplaces, sheets, divisions, and authorities that contain the Department. 3 Furnish advice and opinions, formal and casual, on legitimate issues to the President and the Cabinet and to the tops of the chief divisions and offices of the legislature, as given by law. 4 Make proposals to the President concerning arrangements to government legal positions and to positions inside the Department, including U.S. Lawyers and U.S. Marshals. 5 Speak to or oversee the portrayal of the United States Government in the Supreme Court of the United States and every other court, unfamiliar and homegrown, in which the United States is a gathering or has an enthusiasm that might be considered fitting. 6 Perform or oversee the exhibition of different obligations needed by statute or Executive Order.

Who does the Attorney General report to?

The attorney general of the state typically reports to the voters of the state. At the Federal (US Government) level, the attorney general is delegated by the President of the United States and reports to the POTUS. The US attorney general is liable for practically all criminal cases and all respectful prosecution legitimately against the USA.

Who is Nabeel Ahmad?

Nabeel Ahmad is the founder and editor-in-chief of Legal Inquirer. Apart from Legal Inquirer, he is a serial entrepreneur, and has founded multiple successful companies in different industries.

Probably federal or state level. Indicates the power of this court in which the attorney works

A U.S. district attorney works for the federal government. An attorney for any of the states works for that state. The 50 states are not mere administrative regions created by or controllable (in most matters) by the federal government.

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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 evidenc…
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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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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.