who is responsible for the district attorney

by Dr. Stella Waelchi 4 min read

District attorneys are either elected by the local constituents they represent or appointed by the chief executive of the jurisdiction. Except for the District of Columbia and three states—Connecticut, New Jersey, and Alaska—other 47 states across the country elect their District Attorneys.Apr 1, 2021

Full Answer

Where do district attorneys work?

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-time work hours, most also spend time working overtime and on the weekends, especially while working on complex cases.

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 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 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, ...

Does nonenforcement authority authorize policy based nonenforcement of federal laws?

In the context of federal executive authority, UC Hastings College of the Law Professor Zachary Price has argued that presidential nonenforcement authority does not authorize policy-based nonenforcement of federal laws for entire categories of offenders.

What is the role of a district attorney in Oregon?

The district attorney is equally responsible for seeking justice for crime victims while also protecting a defendant’s right to due process and a fair trial.

How often do Oregon district attorneys serve?

Oregon district attorneys are elected in every county and are required to stand for election every four years, thereby maintaining accountability to the public they serve.

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.

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.

How do criminal charges get to the Durham DA’s Office?

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.

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.

Who represents the victims in criminal cases?

It is a common misconception that prosecutors represent the victims in criminal cases. While the DA’s Office works closely with crime victims to understand what happened and reach a fair outcome, the prosecutor represents the State and has a duty to act in the best interest of the public.

Who receives a case in the DA?

The case is received by the DA’s Office and assigned to staff.

What is a deputy district attorney?

Deputy district attorneys are prosecutors who represent the people of the State of California. They review investigations conducted by law enforcement agencies and decide whether there is sufficient evidence to file criminal charges. They also decide what charge or charges, if any, are appropriate based on the evidence presented. Prosecutors handle court proceedings, including trials, that may follow the filing of criminal charges.

How many staff does the Los Angeles County District Attorney have?

More than 800 clerical and support staff round out the Los Angeles County District Attorney’s Office. They include victim services representatives, who assist and guide crime victims through the criminal justice system.

What is the largest prosecutorial office in the United States?

The Los Angeles County District Attorney’s Office is the largest local prosecutorial office in the United States.

What does a DA investigator do?

DA investigators function primarily to provide prosecution support to deputy district attorneys. They locate and process witnesses and conduct supplemental pretrial investigations to help strengthen the prosecution’s case. In some cases, such as those involving public corruption, they conduct their own independent investigations.

How often does Los Angeles County elect a district attorney?

Every four years, the voters of Los Angeles County elect a nonpartisan district attorney to serve as their chief prosecutor. A candidate for office must be a law school graduate and member of the State Bar of California.

When was the Los Angeles County District Attorney's Office established?

The Los Angeles County District Attorney’s Office was established by an act of the California Legislature on Feb. 27, 1850.

Where are criminal cases filed in Los Angeles County?

Criminal cases are filed at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles and at branch, area and juvenile courthouses throughout Los Angeles County.

Who is the Queens County District Attorney?

Brown. The current Queens County District Attorney is Melinda Katz, who assumed the duties of the office on January 1, 2020.

What is the first district of New York?

History. In a legislative act of February 12, 1796, New York State was divided into seven districts, each with its own Assistant Attorney General. Queens County was part of the First District, which also included Kings, Richmond, Suffolk, and Westchester counties.

Who appointed Judge Bartlett to the Queens County Court of Oyer?

Democratic. appointed by Judge Bartlett of the Queens County Court of Oyer and Terminer in place of McGowan. appointed by Governor David B. Hill to fill McGowan's term for the remainder of the year.

When was Westchester County separated from the First District?

At the same time, New York County was added to the First District. Westchester County was separated from the First District in 1813, and New York County was separated in 1815. In 1818, all 13 districts were broken up, and each county in the State of New York became a separate district. Until 1822, the district attorney was appointed by ...

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Overview

In the United States, a district attorney (DA), county attorney, 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 …

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 informations and/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, Georgia, Massachusetts,

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.

What Is A District Attorney?

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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 or…
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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…
See more on indeed.com

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…
See more on indeed.com