what is the duty of an district attorney

by Rosamond Ernser 6 min read

A district attorney has the power to prosecute people charged with crimes, ranging from homicide to petty theft. A district attorney (DA) is also known as a state's attorney, prosecuting attorney, county attorney, city attorney, circuit attorney, or commonwealth's attorney, depending on the defined geographic area.Apr 1, 2021

Full Answer

What is the job description of a district attorney?

Job Description A district attorney is an appointed or elected public official who can represent a county, city or state. The DA is intimately involved in the prosecution of each criminal case in his jurisdiction. Their job is to rectify wrongdoings committed against the public.

What does a district attorney even do?

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 prosecutors will be the ones to present a case in court.

What is it like to be a district attorney?

The district attorney represents the government, working with a variety of other officials. Typically, he or she only works within a particular district, while an attorney general oversees a state or nation, dispatching assistants to prosecute crimes of a more far reaching nature.

What is the role of district attorney?

WASHINGTON, D.C. – President Biden on Wednesday announced six new nominees to serve as U.S. Attorneys across the country, officials who will be indispensable to upholding the rule of law as the top federal law enforcement officials for their districts. Among them, Jane Young, who currently serves as New Hampshire Deputy Attorney General.

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Are District Attorneys powerful?

District attorneys in California have tremendous power to impact the lives of millions of people, their families, and entire communities. If someone is accused of committing a crime, it is not the police but the DA who has the sole power to decide if criminal charges are filed and the severity of those charges.

What does a local district attorney do?

The District Attorney (DA) is a constitutionally elected county official. The District Attorney is responsible for the prosecution of criminal violations of state law and county ordinances occurring within a county under California Government Code Section 26500.

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.

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 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 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 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 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 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.

District Attorney Job Description Template

We are looking for a results-driven district attorney to strengthen our criminal prosecution system. You will be assessing police reports, coordinating a team of associates, and presenting pre-trial motions and cases in court.

District Attorney Responsibilities

Preparing criminal prosecution cases and representing the state in court.

District Attorney Requirements

American Bar Association (ABA) accredited bachelor's degree in law or criminal justice.

What are the duties of a district attorney?

Statutory responsibilities. G.S. 7A-61 requires the district attorney to do the following: 1 prepare the trial dockets; 2 prosecute in a timely manner all criminal actions and infractions requiring prosecution in the superior and district courts of the districtattorney’s prosecutorial district; 3 advise the officers of justice in the districtattorney’s district; 4 represent the State in juvenile cases in the superior and district courts in which the juvenile is represented by an attorney; 5 provide to the Attorney General any case files, records and additional information necessary for the Attorney General to conduct appeals to the Appellate Division for cases from the districtattorney’s prosecutorial district; and 6 devote his or her full time to the duties of his office and not engage in the private practice of law.

What is the role of a district attorney in North Carolina?

Section 18 requires the district attorney to “advise the officers of justice in his district,” and makes the district attorney “responsible for the prosecution on behalf of the State ...

Why is prosecutorial discretion important in North Carolina?

The North Carolina Court of Appeals has explained that prosecutorial discretion is necessary to weigh “such factors as the likelihood of successful prosecution, the social value of obtaining a conviction as against the time and expense to the state, and the prosecutor’s own sense of justice in the particular case.”.

What are the benefits of a prosecutors' weighing of case specific factors?

As the court of appeals noted in Rogers, society benefits from a prosecutors’ weighing of case specific factors including the social value of obtaining a conviction, the time and expense to the State, and the prosecutor’s own sense of justice.

What is a district attorney?

A district attorney is an appointed official who represents a county, city or state in criminal matters. Their job is multifaceted. In addition to analyzing evidence and deciding when prosecution is necessitated, they must argue cases in court and prosecute criminals.

What is an assistant district attorney?

Assistant district attorneys have a wide variety of responsibilities that ensure the district attorney’s job is done properly and with precision. ADAs perform extensive research dependent on each case, draft legal documents such as motions, and can appear in court to help try a case. References. Detailed Job Description.

What is a District Attorney?

The powers and responsibilities of district attorneys can vary state-to-state. This post focuses on district attorneys in North Carolina and in Durham.

What do prosecutors do?

Prosecutors represent the State when someone is accused of committing a crime. They decide whether to bring the criminal charges filed by police to court. It’s then their job to prove to a judge or jury that the crime occurred and that the person accused of committing the crime (the defendant) did it.

How do prosecutors decide what charges to pursue?

In deciding what charges should move forward in court, prosecutors at the Durham DA’s Office consider the strength of the evidence, the nature of the offenses, public safety, the wishes of any victims, and whether the matter can be addressed through means other than a criminal conviction — for example with a diversion program or community service.

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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 county or a group of counties. The exact name and scope of the office varies by state. Alternative titles for the office include coun…

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 informations and/or grand jury indictment…

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".

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.