what type of law does a district attorney practice

by Adrien Stiedemann 4 min read

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.

While a district attorney's duties are not limited to criminal prosecution, California Government Code § 26500 provides that the district attorney's most essential duty is investigating and prosecuting criminal offenses on behalf of the People.

Full Answer

What is the job description of 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.

How are district attorneys selected?

Oct 20, 2021 · District Attorney Job Description. The district attorney career involves reviewing evidence in criminal cases and determining whether cases should be brought to trial. Eligibility to become a district attorney requires a legal education and state licensure as an attorney. After building legal experience, potential district attorneys can seek appointment or election in their …

What does a district attorney do?

The District Attorney, or D.A. prosecutes only violations of state law – violations of Federal law are prosecuted by the U.S. Attorney’s office. It is a public office, beholden to the public and its will. It is not a private law firm. It is run with taxpayer money, and the attorneys who work at the D.A.’s office work for the state, rather than any private individual.

Who appoints district attorneys?

A North Carolina district attorney’s duties are generally defined by the state constitution and statutes. Case law makes it clear that district attorneys may exercise a great deal of discretion in carrying out their duties, but the outer limits of their discretion are not clearly defined.

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What is the role of a DA?

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

What is the difference between a DA and a prosecutor?

Prosecutors handle court proceedings, including trials, that may follow the filing of criminal charges. The District Attorney's Office prosecutes cases in a large geographical area covering 4,084 square miles.

Whats the difference between a lawyer and a DA?

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.Apr 18, 2020

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 can a district attorney do?

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.

What is an 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 or a group of counties.

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 an advocate in law?

Advocates also represent clients before other decision-making bodies, such as tribunals, professional disciplinary committees and arbitrations. Advocates are also experts in the careful analysis of a client's problems and in providing thoroughly researched legal advice.

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.

District Attorney Job Description

The district attorney career involves reviewing evidence in criminal cases and determining whether cases should be brought to trial. Eligibility to become a district attorney requires a legal education and state licensure as an attorney.

What does the DA Do?

District attorneys (DAs) are either elected or appointed by the government to prosecute criminal offenses.

Salary and Job Outlook

In November 2020, the BLS reported that professionals in the 90th percentile or higher earned $208,000 or more per year, whereas the bottom 10th percentile earned $58,220 or less per year, meaning that, on average, district attorneys could earn less than other types of lawyers.

How to Become a District Attorney

When considering how to become a DA, it is important to remember that district attorneys are also lawyers. Since district attorneys are first and foremost lawyers, they're required to follow a rigorous educational path before applying for state licensure as attorneys.

What is the role of the District Attorney?

The District Attorney, or D.A. prosecutes only violations of state law – violations of Federal law are prosecuted by the U.S. Attorney’s office. It is a public office, beholden to the public and its will. It is not a private law firm. It is run with taxpayer money, and the attorneys who work at the D.A.’s office work for the state, ...

What is the office of the district attorney in New York?

Office of the District Attorney. In New York, each county has an office of the District Attorney, wherein the state will prosecute primarily criminal actions. However, civil actions can also be prosecuted, particularly in conjunction with child protection services. The District Attorney, or D.A.

How often do district attorneys get replaced?

That means that every few years, many of the employees within the D.A.’s office can be replaced, which ensures that corruption or bad practices do not become embedded within the offices.

Why are elections important for prosecutors?

This was to ensure the independence of the D.A.’s office so that legislatures cannot limit the ability of prosecutors to prosecute crimes. Elections are one of the most effective forms of accountability for prosecutors. This is because they are typically rarely sanctioned or disbarred by the State legal community for prosecutorial misconduct.

What is the D.A.'s office?

The D.A.’s Office is the Branch in Charge of Prosecuting Crimes. The D.A.’s office should not be confused with the (also government-funded) office of the Public Defender. The Public Defender defends low-income suspects against the prosecutorial actions of the D.A. is the gate-keeper of justice. While the office is primarily concerned ...

What does a D.A. do?

The D.A.’s office may initiate their own investigation to gather preliminary evidence in order to execute an arrest. Once the D.A. does decide to try a case, they will investigate through the usual channels of criminal or civil procedure, including gathering more evidence, interviewing witnesses and suspects, and gathering documents through discovery and subpoenas. Most D.A. offices have investigators to gather the evidence required to bring a strong enough case to trial.

Is the D.A. a private law firm?

It is not a private law firm. It is run with taxpayer money, and the attorneys who work at the D.A.’s office work for the state, rather than any private individual.

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.

Does Kansas City prosecute marijuana?

Prosecutors in St. Louis and Kansas City announced last year their plans not to prosecute marijuana possession cases, subject to certain exceptions. Boston’s newly elected district attorney, Rachel Rollins, campaigned on a promise to decline to prosecute fifteen enumerated charges, including shoplifting, larceny under $250, trespassing, ...

What is a civil rights attorney?

Civil rights attorneys speciali ze in the protection and expansion of people’s civil rights. Civil rights attorneys may work for the government (e.g., U.S. Commission on Civil Rights and U.S. Equal Employment Opportunities Commission) or for non-profit organizations (e.g., American Civil Liberties Union and Lambda Legal Defense and Education Fund ).

What do environmental lawyers do?

However, you should be aware that environmental lawyers tend to spend the majority of their time reading and analyzing a multitude of complex statutes, treaties, regulations, and conventions based in state, federal, and transnational law.

What is the difference between patent law and trademark law?

Trademark law governs brand names and logos. Patent law governs inventions and discoveries. Patent lawyers generally have a background in science or technology. Lawyers who practice patent law must pass a special examination that most people consider more difficult than the bar exam.

What is immigration law?

Immigration law. Immigration law relates generally to the attainment of citizenship and temporary or permanent relocation of individuals from one country to another. Immigration attorneys may work with government agencies, non-profit organizations, or private immigration law firms.

What is family law?

Family law. Family law focuses on the often tense relationships between individuals and their families. This might include child welfare, adoption, or divorce. Family law attorneys generally work in small law firms and enjoy helping people navigate the most emotional and challenging moments of their lives.

What is employment law?

Employment law. Employment law deals with the relationship between workers and employers. Attorneys in this field generally represent either employers or employees. Employment lawyers spend a great deal of time meeting with employees or employers and therefore tend to be extroverted.

What is business law?

Business law (sometimes called “commercial” or “corporate” law) is a broad term used to describe lawyers who work on issues that impact businesses. Often, this includes the strategic creation of a new entity, and the handling of subsequent issues impacting that entity.

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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.