District attorneys impact the lives of people and communities across the state. This makes them a vital part of the criminal justice system. They have significant decision-making power. After all, they can decide whether to bring criminal charges to court. They also decide which cases to divert or dismiss from the court.
District attorneys are responsible for efforts like recommending sentencing and initiating further investigations. They also present cases against a suspected lawbreaker. This article will tell you what a district attorney is and what they can do. It will also tell you what the role of a district attorney is.
What Is A District Attorney and Will You Need One?
What is a district attorney? It’s a public official appointed to represent the state in criminal judicial proceedings. In particular, in judicial districts or counties. It also prosecutes cases in a particular judicial district. It’s an elected officer as well.
A district attorney is often referred to as a public prosecutor. They are also usually called state attorneys or prosecuting attorneys.
A district attorney has the power to prosecute people. In particular, those charged with crimes, ranging from homicide to petty theft. The office of the district attorney is composed of deputy district attorneys. They also have their assistant district attorneys.
Cities, towns, and counties maintain justice departments responsible for prosecuting crimes against ordinances. District attorneys oversee these departments’ operations. They represent the government’s evidence to a jury or judge for a verdict.
A district attorney often works in a legal office. But they can also work in other locations like libraries and courtrooms. District attorneys usually work for counties and state governments. They also often collaborate with other professionals like specialists and paralegals. This is to gather evidence to use in criminal prosecutions.
While district attorneys have full-time work hours, most also spend time working overtime. They do this on the weekends, especially while working on complex cases.
What Can A District Attorney Do?
A district attorney is one of the most powerful local officials in a state. They carry out various responsibilities under their jurisdiction.
The main duty of a district attorney is to protect the rights of innocents and criminals. A district attorney decides who to prosecute and what crimes to charge the person with. They also decide whether to offer plea bargains and take a case to trial.
The district attorney’s office helps people to continue school after they come out of prison. They also help some of them find jobs. A district attorney works toward ensuring the safety of the public. They also pursue truth and justice.
Here are some of the common duties of a district attorney:
● Prosecuting Suspected Lawbreakers
District attorneys have the authority to decide whether to prosecute an accused person. Before prosecuting someone, they will have to consider details like the evidence. Checking whether the evidence presented in the grand jury proceedings is strong enough. Or whether the evidence reveals someone else was responsible for the crime. The disappearance of a witness may also determine whether to proceed with prosecution.
● Conducting Investigations
Crime prosecution usually starts before charging a perpetrator. In most states, district attorneys first convene a grand jury. That is, before issuing a formal criminal charge or indictment. The prosecutor gathers witness testimonies. They present them before the grand jury, where members analyze the facts. This is to determine whether to prosecute or not. Prosecutors can also introduce testimonies and hearsay evidence to the grand jury.
● Offering Plea Bargains
District attorneys can negotiate with the defendant for a plea bargain. What is a plea bargain? It’s when a jurisdiction agrees to charge an accused person with a crime with a lesser penalty. This is in exchange for a waiver to a trial. The district attorney can then present the plea agreement to the jury or judge to review the new charges. This is also to ensure that the defendant understands the agreement.
● Investigating and Presenting Evidence
The prosecutor can counter-check and understand all the evidence. This is before deciding to prosecute. They usually need to meet certain elements to meet the burden of proof. District attorneys decide whether to prosecute or not. They usually based it on the evidence presented by the police.
But district attorneys are also responsible for investigating all illegal activities. This is before deciding to file a case against an accused person. It’s their role to ensure the evidence is acceptable. They also make sure to meet the burden of proof.
● Litigating Appeals
The prosecutor can appeal a case to a higher court. Especially if the state loses a case. District attorneys are responsible for appealing state-lost cases. They are, in most states, called appellate attorneys.
Their role involves reviewing the records and evidence from the trial. They also argue against the earlier ruling before the appellate court. But they can’t introduce new evidence before the appellate court. Both the prosecution and defense have 15 minutes each to argue their positions.
● Attending Trials
District attorneys work with the defense attorney to select a jury to hear a case at the trial. The district attorney has the power to excuse any juror who can’t render an impartial verdict. Once there’s a formed jury, the district attorney allows them to receive a summary of the case. The prosecutor presents evidence first, followed by the defense team. The state has the right to object to any evidence. Especially those that are inadmissible under the evidence rules.Are you looking for a law firm in Florida that can help you out? Warner and Warner can help you get the justice you deserve. Our lawyers in Florida have experience in providing the highest level of representation. They can help you get full compensation for your injuries and losses. You can send your queries to info@warnerandwarner.com. You can also reach us at (321) 972-1889 or drop us a line here.