who does the district attorney defend

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

In the United States, a district attorney (DA), state's attorney, prosecuting attorney, or state attorney is the chief prosecutor representing a U.S. state in a local government area, typically a county. The exact name and scope of the office varies by state.

Does a district attorney have to decide whether to pursue criminal charges?

No matter what types of cases a district attorney handles, a DA must execute integrity and balanced judgement when deciding whether or not to pursue criminal charges.

What is a district attorney investigator?

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 . In England and Wales, the vast majority of criminal prosecutions are prosecuted by the Crown Prosecution Service.

Is a district attorney a peace officer?

Some District Attorneys maintain an 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.

What is the purpose 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.

Are District Attorneys powerful?

District Attorneys are the most powerful local elected officials in our justice system, and Los Angeles County is home to “the nation's largest local prosecutorial agency by far.”

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 do district attorneys 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 the process of prosecuting a crime?

Crime prosecution typically begins before charging a perpetrator. In most states, district attorneys first convene a grand jury before issuing a formal criminal charge or indictment. The prosecutor gathers witness testimonies and presents them before the grand jury, where members analyze the facts to determine whether to prosecute or not. Prosecutors are allowed to introduce testimonies and hearsay evidence that is inadmissible in a trial, to the grand jury.

Why do district attorneys need time management?

Time management skills can help a district attorney organize competing priorities and develop a strong work ethic. Time and calendar management skills can also help a prosecutor meet deadlines.

What skills do district attorneys need to be successful?

District attorneys should also possess problem-solving skills to evaluate and structure arguments and court proceedings.

How much do district attorneys make?

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 addition to their salaries, like health insurance and professional development assistance.

What is a Juris Doctor?

A Juris Doctor program covers subjects like best practices during criminal justice and prosecution, criminal procedure and trial experience. This degree can equip a law student with the skills and knowledge needed to prosecute criminals, run court proceedings and gather and analyze evidence.

What can a district attorney learn from technology?

This can include learning communication technologies, video conferencing, voice messaging systems and email. It might also be necessary to learn how to use document management software, computerized litigation support and electronic discovery.

What is a plea bargain in court?

A plea bargain refers to when a jurisdiction, through its district attorney, agrees to charge an accused person with a crime carrying a lesser penalty in exchange for a waiver to a trial. The district attorney can then present the plea agreement to the jury or judge to review the new charges and ensure that the defendant understands the agreement.

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 powers does the grand jury have?

To, at any time the grand jury is not in session, issue subpoenas to persons to come before them, and they shall have power to administer oaths to those persons and examine them as to any violation of the criminal laws of the state.

What does "to perform other duties" mean?

To perform other duties and exercise other powers as are or may be required by law.

What happens when a criminal case is removed from a circuit court?

If a criminal prosecution is removed from a court of his or her circuit, county, or division of a county to a court of the United States , to appear in that court and represent the state; and, if it is impracticable, consistent with his or her other duties, to attend that court , he or she may designate and appoint an attorney practicing therein to appear for and represent the 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.

Where do you file a memorandum brief?

To, whenever requested by the Attorney General, file memorandum briefs in all criminal cases appealed from the circuit court of their judicial circuits to the Court of Criminal Appeals or the Supreme Court of the state.

Where to check criminal appeals?

To carefully read and check the record on appeal in all criminal cases appealed from the circuit court of their judicial circuit to the Court of Criminal Appeals or the Supreme Court of the state, and call to the attention of the trial judge any errors or discrepancies that may appear in the record.

What is the process of a state prosecutor's appeal?

In the event that the state loses its case, the prosecutor can appeal the case to the next highest state court. Many states employ attorneys specifically for appeals, known as appellate attorneys. Appeals prosecutors review the evidence and records from the trial and form an oral argument before the appellate court. Appellate courts do not permit the introduction of new evidence and only allow each side approximately 15 minutes to argue its position.

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 plea bargain?

A plea bargain is when the state, through its prosecutor, agrees to charge the defendant with a lesser crime carrying less penalty in exchange for a waiver of the defendant's right to a trial.

What happens when a jury is empaneled?

Once the jury is empaneled, the prosecutor presents the jury with an opening statement summarizing the case. The state presents its evidence first, followed by the defense. Throughout the trial, the prosecutor must make appropriate objections against evidence possibly inadmissible under the rules of evidence.

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 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 mandatory minimum?

District Attorneys also have a powerful tool to help “resolve” cases: mandatory minimums. These are statutorily mandated sentences that cannot be reduced by a judge. People serving mandatory minimums do not receive credit for participation in programs or for positive behavior while incarcerated. DAs use these mandatory minimum sentences to leverage guilty pleas from people who don’t want to run the risk of facing a prolonged mandatory sentence after trial. People charged with mandatory minimums often plea to a sentence that the prosecutor wants, not what a judge determines is best.

What is the DA's job?

The DA’s office also has the responsibility of providing the evidence they will use to prosecute the case to the person charged. In addition to being in control of the evidence, they also have the police who work with them to collect and produce the evidence. Although a person charged with a crime is presumed innocent and not required to prove their innocence, they may be the best person to know exculpatory evidence – or evidence that’s favorable to the defendant. That means they may need to hire an investigator to gather evidence that the District Attorney’s office doesn’t have.

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 the role of the local district attorney?

Their main responsibility is to pursue justice on behalf of the Commonwealth when other people are accused of breaking the law. When the police arrest someone and charge them with a crime in district court, the local 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.

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.

Can a judge order bail?

Here’s where the DAs come in: it is rare for a judge to order bail if the local District Attorney’s office has not made a request for bail. Despite the presumption of innocence, the court will oblige the prosecutor’s request and order people to be held unless bail is paid or other restrictions – like travel limitations –followed.

How many assistant district attorneys are there in Durham County?

District attorneys hire assistant district attorneys to represent the State in court. The Durham County District Attorney’s Office employs about twenty assistant district attorneys. In addition, the Office employs approximately twenty legal assistants and victim service coordinators who help attorneys with their caseloads, connect crime victims to resources, and uphold the rights that crime victims are entitled to under the law. The Office also includes administrators who oversee operations, as well as other support staff. These staff members are employees of the North Carolina Judicial Branch.

What does a district attorney do?

District attorneys have significant decision-making power and the decisions they make have a big impact on the community. They can decide whether criminal charges are brought to court, which cases are dismissed or diverted from court, and — to some extent — the sanctions that people convicted of crimes will face. Yet, the duties, employees and practices of these offices are often not well-known to the communities they serve. This post describes the role of district attorneys in North Carolina, the structure of the Durham DA’s Office, and how criminal cases generally make their way to court.

What does a prosecutor 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.

What do prosecutor negotiate with defense attorneys?

Prosecutors negotiate with defense attorneys on a resolution.

What does probable cause mean in police?

Probable cause means that the crime was probably committed and the person being charged probably committed it.

When there is not sufficient evidence to support a criminal charge, do prosecutors have an ethical duty to dismiss it?

It’s important to know that there is a higher standard of evidence needed to secure a criminal conviction than to file criminal charges.

Who prosecutes criminal cases in Durham County?

The Durham County District Attorney’s Office prosecutes all criminal cases in Durham County. Our job usually begins after police file criminal charges, although prosecutors in Durham often consult with police on what charges are most appropriate for serious cases, such as homicides and sexual assaults. While prosecutors can bring criminal charges, they do not arrest people.

Which court supervises the district attorney?

However, in most jurisdictions, those cases can be appealed directly to the Supreme Court of the state, if the punished attorney so desires. Therefore, it is, fundamentally, the Supreme Court of the state which supervises the district attorney, as well as all other attorneys in the state. Any punishments from other states will be reciprocal in ...

How are district attorneys supervised?

Therefore they are supervised the way any other elected official is supervised, that is by the people who elected them through the process of electing a replacement.

What is the role of an independent prosecutor in a state case?

As far as prosecuting the district attorney, for a state crime, an independent prosecutor would be assigned to handle any prosecutions. This is to avoid any conflicts from the other prosecutors who are employees of the DA. If the crime is federal in nature, the case would be handled the same as any other federal case.

How does the PA work with the police?

Difficult cases always have problems with the evidence. So, the PA works with the police to resolve the problems. This could include collecting additional evidence and interviewing additional witnesses. The prosecuting attorney often has her/his own independent investigator who works with the police to resolve the issues.

What happens if a prosecutor violates the rules?

If prosecutors violate those rules, they can be punished by the disciplinary body of the state in which they practice, as well as any states in which they are licensed. These bodies are managed by the Supreme Court of the states where they are licensed.

What happens if a person commits a crime?

If they commit a crime, they would be prosecuted just as anyone else is prosecuted with the exception of venue. In most cases where a lawyer or judge is to be prosecuted, an ADA from another jurisdiction would take control of the prosecution. A judge would also be brought in from elsewhere. 552 views. ·.

How is an attorney general selected?

At the state level, most attorney generals are selected by popular vote. The attorney general provides advice to the governor and the state legislature. S/he is not directly responsible for criminal prosecutions, although s/he may offer assistance in very high profile cases. The attorney general of the state usually reports to the voters of the state.

What Is A District Attorney?

See more on indeed.com

Requirements For A District Attorney

Work Environment For District Attorneys

Salary and Job Outlook For District Attorneys