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 A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

and/or chief law enforcement officer representing a U.S. state in a

local government area A local government area (LGA) is an administrative division of a country that a local government is responsible for. The size of an LGA varies by country but it is generally a subdivision of a State (administrative division), state, province, divi ...

, 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 county attorney, solicitor, or county prosecutor. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...

proceedings. The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and

plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...

with defendants. A district attorney leads a staff of prosecutors, who are most commonly known as assistant district attorneys (ADAs) or deputy district attorneys (DDAs). Most prosecutions will be delegated to ADAs, with the district attorney prosecuting the most important cases and having overall responsibility for their agency and its work. Depending upon the state's law, DAs may be appointed by the chief executive of the jurisdiction or elected by local voters. Most criminal matters in the United States are handled in state judicial systems, but a comparable office for the United States Federal government is the United States Attorney.

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 indictments. After levying criminal charges, the state's attorney will then prosecute those charged with a crime. This includes conducting

discovery Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discovery ...

, plea bargaining, and trial. In some jurisdictions, the district attorney may act as chief counsel for city police, county police, state police and all state law enforcement agencies within the state's attorney's jurisdiction. In some jurisdictions, the district attorney oversees the operations of local prosecutors with respect to violations of county ordinances. In other jurisdictions, the district attorney prosecutes traffic matters and/or misdemeanors. In some states the district attorney prosecutes violations of state laws to the extent that the state permits local prosecution of these. District attorneys do not prosecute federal crimes, which are the jurisdiction of a United States Attorney. Many district attorneys also bear responsibilities not related to criminal prosecution. These include defending the county against

civil suits - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

, occasionally initiating such suits on behalf of the county, preparing or reviewing

contracts A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

entered into by the county and providing legal advice and counsel to local government. In some jurisdictions, the county attorney does not handle any criminal matters at all, but serves only as the legal counsel to the county. 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 A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admin ...

occurring within unincorporated areas of the county. Minnesota county attorneys also prosecute all juvenile cases, regardless of severity. In Ohio a county prosecutor represents the county and state within their county, prosecutes all crimes within the county, and is legal adviser to the board of county commissioners, board of elections, and all other county officers and boards. On the other hand, county attorneys in Kentucky and Virginia prosecute only certain misdemeanors and sometimes traffic matters and serve as legal counsel for their county, with felony prosecutions and prosecutions of offenses not handled by the county attorney being the responsibility of the commonwealth's attorney for the given county.

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 A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...

, traffic, juvenile, charging (or case filing), drug prosecution, forfeitures, civil affairs such as eminent domain, child advocacy, child support, victim assistance, appeals, career criminal prosecution, homicide, investigations, organized crime/gang, and administration.

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, Nevada,

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

, North Carolina,

Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...

, Oregon, Pennsylvania, Texas, and Wisconsin. ''State's attorney'' or ''state attorney'' is used in Connecticut, Florida (state attorney), Illinois, Maryland, North Dakota, South Dakota, and Vermont. In Maryland, the roles of Assistant and Deputy are reversed from those used in "District Attorney" jurisdictions, with Deputy State's Attorney being the primary subordinate to the elected State's Attorney and Assistant State's Attorneys (ASA) being the line-level prosecutors of the office. In Kentucky and Virginia, the title is commonwealth's attorney. Commonwealth's attorneys are elected in their respective jurisdictions in both Virginia and Kentucky for terms of four years and six years, respectively. In

St. Louis, Missouri St. Louis () is the second-largest city in Missouri, United States. It sits near the confluence of the Mississippi River, Mississippi and the Missouri Rivers. In 2020, the city proper had a population of 301,578, while the Greater St. Louis, ...

, the title is ''circuit attorney'', while in

St. Louis County, Missouri St. Louis County is located in the eastern-central portion of Missouri. It is bounded by the City of St. Louis and the Mississippi River to the east, the Missouri River to the north, and the Meramec River to the south. At the 2020 census, th ...

, the title is ''prosecuting attorney''. South Carolina refers to prosecutors as solicitors.

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, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals. ''Administrative assistant district attorney'' (admin ADA), ''executive assistant district attorney'' (exec ADA), ''chief assistant district attorney'' (chief ADA), or ''first assistant district attorney'' (First ADA) are some of the titles given to the senior ADA leadership working under the DA. The chief ADA, Executive ADA, or first ADA, depending on the office, is generally considered the second-in-command, and usually reports directly to the DA. The exact roles and job assignments for each title vary with each individual office, but generally include management of the daily activities and supervision of specialized divisions within the office. Often, a senior ADA may oversee or prosecute some of the larger crimes within the jurisdiction. In some offices, the Exec ADA has the responsibility of hiring lawyers and support staff, as well as supervising press-releases and overseeing the work of the office. GeneseeDABadge

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. Upon leaving employment as an ADA, persons seek employment as a judge, in private law firms, or as

U.S. Attorneys United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

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''.

Other jurisdictions

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

Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...

, who is appointed by the Attorney General for England and Wales. Within the CPS, 14 Chief Crown Prosecutors, answering to the DPP, head regional teams of Crown Prosecutors. With the exception of the AG and Solicitor General for England and Wales, no prosecutors are political officials in England and Wales and no prosecutor in England and Wales is a law enforcement official by virtue of their job. In Canada, the equivalent position to a district attorney is a ''

crown attorney Crown attorneys or crown counsel (or, in Alberta and New Brunswick, crown prosecutors) are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and vario ...

'', ''

crown counsel Crown counsel are lawyers, generally in Common Law jurisdictions, who provide advice to the government and acts as prosecutors in cases. In various jurisdictions their title can vary and they could also be known as the Queen's Advocate, King's Advo ...

'' or '' crown prosecutor'' depending on the province, and the equivalent to an assistant district attorney is the assistant crown attorney, assistant crown counsel or assistant crown prosecutor respectively.

References

External links

National District Attorneys Association website

Prosecuting Attorneys, District Attorneys, Attorneys General & US Attorneys on the Web
��indexes prosecutor web sites throughout the US and other countries {{authority control County officers in the United States Lawyers by type Prosecution Law of the United States