who does the district attorney represent in a criminal case

by Declan Smith 7 min read

the state

Who has power over a district attorney?

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. A district attorney is also referred to as a public prosecutor, state’s attorney, or prosecuting attorney.

What is the job description of a district attorney?

(a) The criminal district attorney of Gregg County shall represent the state in all criminal cases in the district, county, and justice courts of Gregg County, and in the municipal courts of the county if the defendant is charged with violating a state law, and shall represent the state in all cases in Gregg County in which it is the duty of a county or district attorney to represent the state.

What role does the district attorney perform?

Aug 21, 2015 · The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. These cases are heard in any of the five federal courthouses in the District, located in Shreveport, Lafayette, Monroe, Alexandria, and Lake Charles. The D.A.'s Office, by contrast, prosecutes state crimes rather than federal crimes.

Who would prosecute a district attorney?

Article IV of the North Carolina Constitution, which sets forth the judicial power of the State, addresses the responsibilities of district attorneys. 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 of all criminal actions in the Superior Courts of his district.”

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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.

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

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.

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 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 does the US Attorney do?

What does the U.S. Attorney's office do? The U. S. Attorney's Office prosecutes violations of the federal criminal laws in the Western District of Louisiana. It also represents the United States, its officers, agencies and employees in civil litigation in state and federal courts throughout the district. What kind of cases does the U.S. Attorney's ...

Where is the US Attorney's Office located?

The U.S. Attorney's Office represents the United States in federal cases, including all federal criminal cases. These cases are heard in any of the five federal courthouses in the District, located in Shreveport, Lafayette, Monroe, Alexandria, and Lake Charles. The D.A.'s Office, by contrast, prosecutes state crimes rather than federal crimes.

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 ...

What does a district attorney do?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the 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 happens when a defendant accepts the terms of the sentence proposed by the DA?

When a defendant accepts the terms of the sentence proposed by the DA, they enter a guilty plea which the judge will typically accept. The DA has immense power in influencing an individual’s decision to enter into a plea deal or to take their case to trial.

What is the difference between guilty and not guilty verdicts?

The difference between a guilty and not guilty verdict comes down to the evidence presented by the district attorney. A number of Supreme Court decisions have reaffirmed the district attorney’s obligation to turn over exculpatory evidence to the defense during discovery.

Why do DAs overcharge?

DAs can overcharge in order to get plea deals; they can decide if a defendant is offered diversion or not; they can set priorities on what kinds of charges they want to bring; and they can decide whether or not to prosecute certain crimes at all, like declining to prosecute low-level offenses.

1 attorney answer

That is not legally possible. Please consult with a local criminal counsel at once.

Alexander M. Ivakhnenko

That is not legally possible. Please consult with a local criminal counsel at once.

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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 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.

District Attorney

  • Synonyms: DA, Prosecutor, Prosecuting Attorney, State’s Attorney, Commonwealth Attorney Job Description:A District Attorney is a public position held by an individual who has been selected to represent the state during criminal justice proceedings. The DA is ultimately responsible for serving justice within the community. A District Attorney is elected to office and is responsible f…
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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 evidence the state has found against the defendant. When a criminal case is presented to the DA’s Office, …
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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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