What is the difference between the prosecutor and the DA?
Asked by: Miss Eve Lind | Last update: December 17, 2025Score: 4.8/5 (23 votes)
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.
Who is higher than a prosecutor?
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. But only rarely does a state attorney general discipline a county or city D.A. for prosecutorial misconduct.
Does the DA have authority over the police?
Investigation of Law Enforcement
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.
Does the DA always prosecute?
THE DECISION TO PROSECUTE OR NOT
It is the DA's legal obligation to prosecute only when they reasonably believe that a conviction can be obtained against the person the police accuse of committing the offense.
Is the DA and prosecutor the same?
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.
The Role of the Prosecutor
How much power does the DA have?
The prosecutors decide what criminal charges to bring, and when and where a person will answer to those charges. In carrying out their duties, prosecutors have the authority to investigate persons, grant immunity to witnesses and accused criminals, and plea bargain with defendants.
Can a judge overrule the DA?
The sentence in the State of California case is determined in conjunction with the prosecutor. The judge simply 'rubber stamps' it.
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.
Does a district attorney have more power than a police officer?
And while the two agencies may theoretically be equally important in the justice system, the D.A.'s office can outmaneuver the police department when it chooses, relegating detectives to secondary importance or even excluding them altogether.
Who has the highest authority in police?
The chief of police is the department's highest-ranking officer. The chief of police manages the police department and is responsible for maintaining efficient operations within the department.
Can prosecutors make arrests?
(a) While the decision to arrest is often the responsibility of law enforcement personnel, the decision to institute formal criminal proceedings is the responsibility of the prosecutor.
Who gets paid more, a lawyer or a prosecutor?
Prosecutors and defense attorneys make comparable salaries, with the caveat that jobs in the private sector typically pay more than those in the public sector.
Who is more powerful, a judge or a prosecutor?
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.
Who controls prosecutors?
The United States is the only country that elects its top prosecutors. The electorate is supposed to hold these prosecutors accountable. But in reality, voters often do not know who their local prosecutors are or what they do in the courthouse.
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.
Is a prosecutor a cop?
A prosecutor is a licensed lawyer who works for the government and whose role is to evaluate cases for prosecution, and if necessary, try them in court.
Who is the chief whip of the DA?
The ANC's Reginah Mhaule was appointed as her deputy. She was sworn in to office on 3 July 2024, and George Michalakis replaced her as the DA's chief whip.
Why would a prosecutor not offer a plea bargain?
Prosecutors usually check with victims about plea deals. If a victim is against it and the case is strong a prosecutor may just choose to go to trial. Sometimes they have office policies especially on certain types of cases against deals.
Can the DA force a victim to testify?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal.
Can a prosecutor appeal a dismissal?
DOUBLE JEOPARDY AND GOVERNMENT APPEALS OF CRIMINAL DISMISSALS. DISCUSSION OF THE ISSUES RAISED BY THE CRIMINAL APPEALS ACT OF 1971 WHICH ALLOWS THE PROSECUTION TO APPEAL A TRIAL COURT'S DISMISSAL OF AN INFORMATION OR INDICTMENT.
What are the powers of the DA?
The DA has immense power in influencing an individual's decision to enter into a plea deal or to take their case to trial. More than 90 percent of all criminal cases end in a plea deal. The district attorney has the power to offer a sentence to the individual charged with a crime.
Which is higher, DA or judge?
The DA has certainly powers when it comes to investigating and prosecuting crimes that the judge does not. 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.