{"id":352224,"date":"2023-11-03T08:14:13","date_gmt":"2023-11-03T13:14:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-legal-help\/district-attorneys.html"},"modified":"2024-08-02T08:13:00","modified_gmt":"2024-08-02T13:13:00","slug":"district-attorneys","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-legal-help\/district-attorneys.html","title":{"rendered":"District Attorneys: Basics and Overview"},"content":{"rendered":"\n
\n \n
\n

District Attorneys: Basics and Overview<\/h1>\n
\n
\n By Lisa Burden, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

District attorneys play a central role in prosecuting criminal cases at the state and local levels. The primary duty of a district attorney’s office is to review cases presented by police officers and other local law enforcement agencies.<\/p>\n\n <\/div>\n\n

The lawyer representing the state in local criminal cases is the district attorney (DA). Depending on the state, these attorneys go by other titles such as prosecuting attorney, county attorney, or state’s attorney.<\/p>\r\n

Prosecutors then decide whether to file charges<\/a> against the accused. They base this decision on whether there’s probable cause that the person committed a crime. They also consider whether there’s enough evidence<\/a> to prove the defendant’s guilt beyond a reasonable doubt. If they file charges, you would want to hire a criminal defense attorney<\/a> to defend yourself against the charges.<\/p>\r\n

What Do District Attorneys Do?<\/h2>\r\n

A district attorney investigates and prosecutes crimes on behalf of the government. The district attorney’s office must uphold state laws and ensure justice.<\/p>\r\n

The range of cases that fall under the DA’s purview is vast. They may file charges for violent crimes such as domestic violence<\/a> and felonies or misdemeanors like minor thefts and traffic violations<\/a>.<\/p>\r\n

Yet, a DA cannot represent the federal government in a federal criminal case, which is the job of a U.S. attorney<\/a>.<\/p>\r\n

While the district attorney has significant authority, DAs have the support of a team of assistant district attorneys (ADAs). These prosecuting attorneys handle specific cases or areas, such as domestic violence, child support, or felony cases<\/a>. Also, the DA’s office includes a support staff who manage paperwork and referrals and ensure the smooth functioning of the office.<\/p>\r\n

Advising and Supporting the Local Legal System<\/h3>\r\n

Beyond trying cases, DAs provide legal advice to police about arrests and investigations<\/a>. They give general legal advice to county officials and departments. They also make referrals to services for crime victims.<\/p>\r\n

Defending Criminal Appeals<\/h3>\r\n

Criminal convictions often get appealed<\/a>. If appealed, the legal matter moves from the district court to the appellate court or even the state’s supreme court. People base appeals<\/a> on various grounds, such as believing the court violated their constitutional rights<\/a> during the trial.<\/p>\r\n

In some states, DAs defend the state’s case before the appellate courts. In other states, criminal appeals go to that state’s attorney general’s office.<\/p>\r\n

Are District Attorneys Appointed or Elected?<\/h2>\r\n

In most states, DAs are elected to office. The people who live in each district vote for who they want to serve as the local prosecutor in their community.<\/p>\r\n

In the few states that appoint DAs, state law determines which official can choose them. These states include New Jersey, Alaska, and Connecticut.<\/p>\r\n

What Is the Difference Between a District Attorney and an Attorney General?<\/h2>\r\n

Both roles have similar legal responsibilities, but they oversee different types of cases. A state’s attorney general<\/a> represents the state in civil litigation. These civil cases often involve consumer protection laws<\/a>. But, in some states and circumstances, the Attorney General may also prosecute criminal cases.<\/p>\r\n

District attorneys only have jurisdiciton<\/a> over a specific area in the state. In contrast, attorney generals represent the entire state. <\/p>\r\n

The DA’s Role in Criminal Trials<\/h2>\r\n

The criminal law process<\/a> is intricate. Once the DA’s office files charges, the accused, now a defendant, goes through an arraignment<\/a> where they are formally charged and enter a plea. DAs will negotiate plea bargains<\/a> or take cases to a jury trial to prove a defendant’s guilt beyond a reasonable doubt. DAs call witnesses and present evidence and witness statements before the court. If the court convicts the defendant, DAs make sentencing recommendations.<\/p>\r\n

Not all cases go directly to a jury trial. Sometimes, the DA convenes a grand jury<\/a> to determine if there’s enough evidence for a trial. In other instances, the lawyers might negotiate a plea bargain. In a plea deal, the accused agrees to plead guilty to a lesser charge in exchange for a reduced sentence<\/a> or other considerations.<\/p>\r\n

Learn About Your State’s District Attorneys<\/h2>\r\n

Find more information about the role of district attorneys in each state below:<\/p>\r\n