Can a judge overrule a DA?
Asked by: Mrs. Carli Murazik I | Last update: October 2, 2025Score: 4.8/5 (63 votes)
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Can a judge overrule a prosecutor decision?
Judges do not have control over which charges are brought against a defendant but may have discretion in sentencing, even when a plea bargain is involved. Thus, a judge can accept a plea bargain while simultaneously imposing a different sentence than the sentence to which the defendant and the prosecutor agreed.
Who has more power, a prosecutor or a judge?
the prosecutor has the most power over your case and your legal future. They have discretion to drop or amend charges, and to some extent over your plea. They would also be the ones able to bring new charges against you.
Is a judge higher than a district attorney?
The sentence in the State of California case is determined in conjunction with the prosecutor. The judge simply 'rubber stamps' it. Of course, as mentioned above, if the guilty verdict comes after a trial, then the judge's power increases because the Judge has the sole power to sentence within the bounds of the law.
How much power does the DA have?
Once a DA decides to bring charges, the DA has the power to decide the seriousness of the charges to bring (will the charge be a felony or a misdemeanor?). In police brutality cases, a DA has broad discretion to present evidence to a grand jury warranting criminal charges.
How Can A Judge Overrule The FDA? - CountyOffice.org
Who has more power, a de or a judge?
The DA can decide whether to prosecute a case or not. The judge has no power to do that. On the other hand, the judge has the power to rule on contested issues in criminal and civil cases. The prosecutor, except in extremely rare cases, has no power to become involved in any civil disputes.
Why are district attorneys so powerful?
Prosecutors decide what, if anything, to charge—a decision that can be life-altering before and after a conviction. Whether a case goes to trial or ends in a plea deal, as the vast majority of criminal cases do, prosecutors play a major role in determining a sentence.
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
Do judges and prosecutors work together?
THE CHAPTER ASSERTS THAT TRUE RELATIONSHIP BETWEEN THE TRIAL JUDGE AND THE PROSECUTOR IS OFTEN ONE OF BOTH COOPERATION AND CONFLICT CAUSED BY THE NECESSITY OF AVOIDING EVEN THE APPEARANCE OF UNETHICAL BEHAVIOR. THE ROLE OF TRIAL JUDGE IS THAT OF IMPARTIAL ARBITER WITH POWER TO CURB BOTH ADVERSARIES.
Who is higher than the judge?
The Supreme Court is the state's highest court. It can review cases decided by the Courts of Appeal. Also, certain kinds of cases go directly to the Supreme Court and are not heard first in a Court of Appeal, such as: Death penalty appeals, and.
Can a judge disagree with prosecutor?
Even if a judge does not agree with the prosecutor's decision to charge someone with a particular crime, the judge is powerless to undo the prosecutor's action.
Who is the most powerful person in court?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
How powerful is the judge?
Judges in federal courts, from district courts up to the U.S. Supreme Court, have the final say on issues that have an effect on the lives of every American, including basic civil rights, religious freedoms, voting rights, affirmative action, and in some cases, life or death.
Can a judge override a plea deal?
However, you should know that even if you and the prosecutor reach an agreement that you are favorable of, judges have the authority to reject plea agreements, and sometimes do. If a judge rejects a plea, the agreement you and the prosecutor have made becomes null and void.
Why would the DA not file charges?
In general, district attorneys/prosecutors have the ability to decide whether or not to move forward with a case, usually based on the strength of the evidence that is available and whether the prosecutor feels that s/he can prove the elements of the crime beyond a reasonable doubt to a judge/jury.
Why are prosecutors more powerful than judges?
Prosecutors hold all the power in plea bargaining because strict sentencing laws with mandatory minimums have stripped judges of nearly all decision-making power. It's no wonder that 95% of all convictions are the result of pleas.
Who is the most important person in a courtroom?
The judge is the central figure in the courtroom and typically is seated higher than everyone else. The judge allows each side the opportunity to present its version of the facts. A court reporter (in superior court), a clerk, and a bailiff each assists the judge with the trial.
Who oversees the prosecutor?
In some jurisdictions, the district attorney oversees the operations of local prosecutors with respect to violations of county ordinances.
Who decides the verdict in a criminal case?
Jury makes a decision
They include a legal definition of the crime. The jurors meet in private and discuss the case and vote guilty or not guilty. This is called deliberations. To reach a final decision (a verdict), the jury must all agree that a person is guilty or not guilty of each charge.
Who is the boss over a judge?
Lower courts typically answer to higher courts and the highest court (usually the supreme court), does not answer to anyone. The AG's office is a separate branch of government and would have power over judges typically.
What can a judge not do?
More than any other branch of government, the judiciary is built on a foundation of public faith-judges do not command armies or police forces, they do not have the power of the purse to fund initiatives and they do not pass legislation. Instead, they make rulings on the law.
Who can hold judges accountable?
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitutionopens in a new window.
What power does the DA have?
The District Attorney (DA), also known as a prosecutor, plays a critical role in our criminal justice system. They represent the government in criminal cases and are responsible for ensuring that justice is served by prosecuting individuals accused of committing crimes.
Is a district attorney like a judge?
While judges oversee court proceedings and ensure the proper application of the law, district attorneys or city attorneys are responsible for evaluating cases, filing charges, and prosecuting offenders on behalf of the government.
What is the highest district attorney salary?
While ZipRecruiter is seeing salaries as high as $148,529 and as low as $36,515, the majority of salaries within the District Attorney jobs category currently range between $72,000 (25th percentile) to $116,900 (75th percentile) with top earners (90th percentile) making $138,660 annually in California.