Legal Definitions - state's attorney

A state's attorney is a legal professional who represents the government in criminal cases within a specific local jurisdiction, such as a county or judicial district. They are typically either elected by local voters or appointed by local government officials.

The primary role of a state's attorney is to prosecute individuals accused of breaking the law. This involves several key responsibilities:

• Reviewing evidence gathered by law enforcement.
• Deciding whether to file criminal charges against a suspect and determining the specific charges.
• Initiating and directing further criminal investigations as needed.
• Presenting the state's case in court against the accused.
• Negotiating plea bargains with defendants, which are agreements where the defendant pleads guilty, often to a lesser charge, in exchange for a specific sentence.
• Guiding and recommending appropriate sentences for offenders to the court.
• They are also the only attorneys permitted to participate in grand jury proceedings, where they present evidence to a group of citizens to determine if there is enough probable cause to issue an indictment (formal charges).

State's attorneys are also commonly referred to as district attorneys, public prosecutors, or prosecuting attorneys. In the federal legal system, the equivalent role is held by a United States Attorney.

Here are some examples illustrating the role of a state's attorney:

• Deciding on Charges: After local police investigate a series of car break-ins and arrest a suspect, the state's attorney's office reviews all the evidence collected, including witness statements and forensic reports. Based on this review, the state's attorney decides whether there is sufficient evidence to formally charge the suspect and determines the specific criminal charges to pursue, such as grand theft auto or property damage, before the case proceeds to court.

  This example demonstrates the state's attorney's responsibility for reviewing investigations and "deciding what criminal charges to file."

• Presenting a Case in Court: In a trial for a serious assault, the defendant pleads not guilty. The state's attorney assigned to the case is responsible for presenting the prosecution's evidence to the jury. This involves calling witnesses to testify, introducing physical evidence like security footage or medical records, and making arguments to convince the jury that the defendant is guilty beyond a reasonable doubt.

  This illustrates the state's attorney's core duty of "presenting the case against individuals suspected of violating the law" during a trial.

• Negotiating a Plea Bargain: A person is arrested for a first-time misdemeanor drug possession offense. The state's attorney might offer a plea bargain, proposing that the defendant plead guilty to a lesser charge or agree to attend a drug diversion program, in exchange for avoiding a trial and potentially receiving a lighter sentence, such as probation instead of jail time. The state's attorney then recommends this agreed-upon sentence to the judge.

  This highlights the state's attorney's authority to "plea bargain with defendants" and their role in "guiding and recommending sentences for offenders."