The District Attorney (DA) is a constitutionally elected county official. The District Attorney is
responsible for the prosecution of criminal violations of state law and county ordinances occurring
within a county under California Government Code Section 26500.
What are the duties of a district attorney?
A District Attorney is a lawyer who
prosecutes criminal cases against people charged with crimes
. The crimes can range from the most serious crimes like murder to less serious charges like vandalism. District Attorneys work for county governments and represent the government in criminal prosecutions.
What is the difference between a lawyer and a district attorney?
A lawyer is simply one who is trained in the law. … In comparison to lawyers who can be hired by anyone (including the government), the District attorney has only one client – the government and responsible for one job –
to prosecute criminal defendants on behalf of the government
.
Who is the district attorney's boss?
The U.S. attorney general
, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.
Why are district attorneys so powerful?
Power to Negotiate Plea Deals
The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney
has the power to offer a sentence to the individual charged with a crime
.
Who can fire a district attorney?
In some jurisdictions, the district attorney may be removed by the court in proceedings commenced by the interested parties or
by IMPEACHMENT
. The legislature, within constitutional limitations, may designate the nature of the removal proceeding.
Can a defendant talk to the district attorney?
A defendant in a criminal case
can attempt to speak directly with the district attorney
in an attempt to negotiate a resolution of the charges. … If a person is not represented by a lawyer (and even if the person is), then he/she should decide not to speak with the D.A.
Do district attorneys go to crime scenes?
There were a variety of approaches to whether and when a prosecutor should go to a crime scene.
Some prosecutors go to every homicide scene
, even before there is an arrest; other prosecutors only go to the scene if there has been an arrest. Still other prosecutors never go to a crime scene.
Who has more power a district attorney or a judge?
“
Prosecutors
have more power in this system than any judge, any supreme court, any police officer, or any attorney,” he says. They decide what charges to file — “or more importantly, what charges not to file.”
Is District Attorney the same as prosecutor?
A district attorney is also referred to as a
public prosecutor, state's attorney
, or prosecuting attorney. The analogous position in the federal system is a United States Attorney.
Can you meet with a district attorney?
You can certainly try. They may not want to speak with you, but there's
nothing
preventing you from speaking with them. Keep in mind nothing is off the record. Anything you say to them can, and will, be used against you…
What power does the DA have?
District attorneys in California have tremendous power to impact the lives of millions of people, their families, and entire communities. If someone is accused of committing a crime, it is not the police but the DA who has
the sole power to decide if criminal charges are filed and the severity of those charges
.
Why would a district attorney come to someone's house?
There are also situations where District Attorneys can take people's property, including money, even if the person hasn't been convicted of a crime. Civil asset
forfeiture
is a way for prosecutors to seize property and money that law enforcement officers believe is connected to criminal activity.
What is the difference between defense attorneys and prosecutors?
Some people may not know the difference between a prosecutor and a criminal defense lawyer. … But the main difference is that
the prosecutor represents the interest of the state or Federal government in court
, and the criminal defense lawyer works for the individual who is being charged with a crime.
Are prosecuting attorneys elected?
In most U.S. state and local jurisdictions,
prosecutors are elected to office
. On the federal level, district attorneys are, in effect, members of the executive branch of the government; they are usually replaced when a new administration comes into office.
What are the 5 types of pleas?
- Not Guilty Plea. When you enter a plea of “not guilty,” you are certifying to the court that you did not commit the crime in question. …
- Guilty Plea. …
- No Contest (Nolo Contendere) Plea. …
- Consult a Lawyer About Any Plea.
