Legal Definitions - District Attorney (D.A.)

The District Attorney (D.A.) is the chief prosecutor for a specific geographic area, typically a county or a designated district within a state. This individual, often an elected official, represents the government and the people in criminal legal proceedings.

The D.A.'s primary responsibility is to pursue justice by investigating alleged crimes in cooperation with law enforcement, deciding whether to file criminal charges against suspects, and then prosecuting those cases in court. This involves managing a team of assistant district attorneys, presenting evidence to grand juries to seek indictments, negotiating plea bargains, and trying cases before judges and juries. The D.A. also sets the overall prosecutorial policies and priorities for their jurisdiction.

While commonly known as the District Attorney, this role may be called the State's Attorney or County Attorney in some states. It's important to distinguish this role from a U.S. Attorney, who is a federal prosecutor appointed by the President to handle federal crimes within a federal judicial district.

Here are some examples illustrating the role of a District Attorney:

• Example 1: Reviewing a Police Investigation

  After local police complete an investigation into a suspected burglary, they forward their findings—including witness statements, forensic reports, and surveillance footage—to the District Attorney's office. The D.A. and their team meticulously review all the evidence to determine if there is sufficient legal basis and proof to formally charge the suspect with a crime. They might decide to file charges, request further investigation from the police, or conclude that there isn't enough evidence to proceed, thereby declining to prosecute the case.

  This example demonstrates the D.A.'s critical role as the gatekeeper of the criminal justice system, deciding which cases move forward to prosecution based on the evidence presented by law enforcement.

• Example 2: Leading a High-Profile Trial

  In a complex case involving a multi-million dollar financial fraud scheme that spans several months of investigation, the District Attorney personally leads the prosecution team. They work closely with financial investigators, prepare witnesses, strategize courtroom tactics, and ultimately present the state's case to a jury. During the trial, the D.A. cross-examines defense witnesses and delivers closing arguments, aiming to secure a conviction.

  This illustrates the D.A.'s leadership in prosecuting significant criminal cases, their strategic role in the courtroom, and their responsibility for representing the public interest in achieving justice.

• Example 3: Implementing New Justice Policies

  The newly elected District Attorney for a metropolitan county announces a new initiative to address the rise in petty theft cases. Instead of automatically seeking jail time for first-time offenders, the D.A.'s office will now offer a diversion program focused on rehabilitation and community service. This policy aims to reduce the burden on jails and provide offenders with an opportunity to avoid a permanent criminal record.

  This example highlights the D.A.'s administrative and policy-making authority as an elected official. They have the power to shape how certain types of crimes are handled within their jurisdiction, reflecting community values and modern approaches to justice.