when can a judge or district attorney require

Under Nevada Revised Statute Section 173.065, a judge can require an Attorney General to prosecute a case when a district attorney refuses. A judge can order an AG to prosecute if the court has jurisdiction over a case and an affidavit has been filed with the judge related to the commission of a crime.

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What are the requirements to become a district attorney?

A district attorney is a lawyer that legally represents the state during the prosecution of criminal offenders within a specific area or jurisdiction. In many instances, district attorneys lead a team of associates in coordinating duties essential for preparing and presenting cases in …

What is the role of the district attorney in a case?

Oct 20, 2021 · 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 districts and typically serve 4-year terms, but the length can vary between jurisdictions. Required Education.

What is the difference between a prosecutor and an assistant district attorney?

Sep 03, 2021 · In California, under Penal Code 1424a1 PC, a criminal defendant can request a different prosecutor when there is a conflict of interest that may result in the defendant not receiving a fair trial. The request is referred to as a “ motion to recuse a prosecutor .”. If a judge grants the motion, a substitute district attorney is assigned to ...

Can a defendant seek a new trial before a lawyer-judge?

Feb 05, 2017 · Twenty-eight states require all judges presiding over misdemeanor cases to be lawyers, including large states like California and Florida. In 14 of the remaining 22 states, a defendant who receives...

What is the role of Justice of Peace?

Justices of the peace have been a cornerstone of American governance since the colonial era, when they formed the political backbone of towns and villages where state and federal officials rarely traveled. Local aristocrats often fulfilled the English version of the institution that arose from 14th century medieval reforms.

What happened in the mid-20th century?

But by the mid-20th century, the folksy image of the justice of the peace lost its luster. Criminal procedure grew more complex as the Supreme Court applied the Bill of Rights’ provisions to the states. Advances in both communications and transportation allowed states to centralize their sprawling judicial systems.

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 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 the role of a district attorney in Massachusetts?

District Attorneys are among the most powerful people in the criminal legal system in Massachusetts, and play a major role in determining the way criminal cases are initiated and ultimately resolved. They wield a substantial amount of power throughout the judicial process – from charging decisions to sentencing recommendations.

What is civil forfeiture?

Civil asset forfeiture is a way for prosecutors to seize property and money that law enforcement officers believe is connected to criminal activity. Here in Massachusetts, our standard for taking that money is very low, and the burden is on the owner of the property to prove it is not connected to criminal activity.

Jonathan Carlos Ibanez

The DA can oppose the expungement, but the decision is ultimately up to the court.

Scott Harman Heitmann

You should speak to an attorney personally as there are questions raised. I assume you fuled a 1204.4 motion. The court not the DA grants or denies these. The DA may appose, I assume that is what you received. That opposition is not binding on the court. If you completed your probation you still qualify. You may be able to get a court hearing.

Jay Scott Finnecy

File your PC1203.4 Petition with a declaration regarding the troubles you're having. The judge decides, not the DA.