Question: Who Is Above The DA?

Can a district attorney overrule a judge?

Generally speaking, the prosecution has control over what is charged.

In the U.S., probably no.

The judge could reduce the charge if it’s a “wobbler” (a charge that can, as a matter of discretion, be charged as a felony or (just) a misdemeanor.).

Forgery is such an offense in California.)..

Does the DA investigate?

A DA has the power to investigate allegations of law enforcement misconduct and ultimately bring charges. A DA also has the power to ask a special prosecutor or another agency to investigate law enforcement misconduct.

Is the district attorney elected?

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.

Does the DA always prosecute?

The district attorney will file charges against you; The district attorney will decide to end the investigation with no charges; or.

What power does a district attorney have?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the district attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

What cases does a district attorney handle?

What type of matters does the District Attorney’s office handle? The District Attorney’s office handles felony matters and juvenile matters filed in the district court, misdemeanor cases filed in county court, and various traffic matters.

Can the district attorney lie?

Just how much notice did District Attorney Harry Connick need that his assistants needed “training” in this area of law; namely, that district attorneys could not lie and cheat by fabricating evidence, concealing favorable evidence from the defense, and encouraging or at the least sanctioning perjured testimony in …

Is a district attorney and a prosecutor the same thing?

A lawyer who represents the state in local criminal cases is usually referred to as the “District Attorney,” although, depending on your state, these attorneys can go by other titles such as “Prosecuting Attorney” or “County Attorney.” The Attorney General of a state typically represents the state in civil cases, but …

Who is the boss of district attorney?

A district attorney leads a staff of prosecutors, who are most commonly known as deputy district attorneys (DDAs). The Deputy who serves as the supervisor of the office is often called the Assistant District Attorney.

Can you sue a district attorney?

Not only are attorneys who work in the district attorney’s office immune from being sued for their mistakes, anyone wrongfully convicted is also prohibited from suing the state unless they can conclusively prove that they are innocent (i.e. it is not enough to have been the vitim of an unfair trial).

Can a district attorney be fired?

A prosecuting attorney whose term is regulated by law cannot be removed or suspended from office, other than pursuant to the manner authorized by constitution or statute. The grounds specified by law govern removal.

Who is higher than the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What is the highest paid lawyer?

5 of the Richest Lawyers in AmericaRichard Scruggs. Net Worth: $1.7 billion. A well-known trial attorney, Richard got a $246 billion settlement from the big four tobacco companies in 1998. … Joe Jamail. Net Worth: $1.7 billion. Photo by Joel Salcido. … William Lerach. Net Worth: $900 million. … Bill Neukom. Net Worth: $850 million. … Judge Judy. Net Worth: $150 million.

Are district attorneys Federal or state?

United States attorneys (also known as chief federal prosecutors and, historically, as United States district attorneys) represent the United States federal government in United States district courts and United States courts of appeals.

Are district attorneys cops?

Article 11 § 1(b) of the California State Constitution provides that the Legislature must provide each county, currently 58 in all, with an elected district attorney. … By law, the district attorney is the chief law enforcement officer in the county.

Why would a district attorney call you?

Christopher Daniel Leroi. The DA is required to call you under the Victim Bill of Rights because this is a domestic violence case. They could get in trouble if they did not do so. They have to send you a victim impact statement, get your position on the case, find out…

How long is a district attorney’s term?

4 yearsA district attorney is elected or appointed for a set term, typically 4 years in duration, depending on the jurisdiction.

What is the role of the DA?

A DA’s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people, and prosecuting criminal cases in court. The DA may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys.