District Attorneys 2017 • NYC Elections distilled • Civic Juice

District Attorneys

Job Description

District Attorneys prosecute crimes and offenses of law in their counties, to boost public safety and law-abiding behavior, and to seek justice.

DAs handle prosecution through all its stages: investigation, indictment, arraignment, trial, conviction or settlement, sentencing, and appeals. DAs also staff and organize their offices, and decide whether to have conviction integrity units or other measures to prevent wrongful convictions. They also work with other professionals in government, law enforcement, and legal services to investigate crimes and help victims and their families throughout the process.

Though we vote for some district attorneys during the same year as NYC elections, the position is actually an office set up by the state, rather than the city. Generally, NY State law governs the work of the district attorneys’ offices, so their jurisdiction is the state county (which, in NYC, overlaps with the boroughs).

Powers and Responsibilities

click for more details!

Manages the county office of District Attorney

Hires staff to any position for which there is an established position within the District Attorney’s office, including appointing and removing assistant district attorneys.
Organizes the office into divisions, bureaus, units. Each DA can organize the office as she/he sees fit.
- Some examples of divisions include: Investigation, Trial, Appeals, Specialized Units.
- Some examples of bureaus and units handle: asset forfeiture, criminal enterprises, cybercrimes, domestic violence, elder abuse, financial crimes, forensics/cold cases, hate crimes, juvenile crimes, public corruption, special victims, vehicular crimes, violent crimes.
- May also institute conviction integrity units, or other internal measures to prevent wrongful convictions.
Employs a counsel to assist her or him when a trial presents “unusual difficulty” (with approval by the county judge).

Oversees the investigation of crimes and offenses, and decides which cases to prosecute, through staff members

Works with the police department to further investigate offenses of law: violations, misdemeanors, or felonies. (An offense occurs when someone does not abide by a statute – a law passed by the legislature – which defines the elements of the offense).
Determines whether to bring a case against a suspect, based on a variety of factors including if there is reasonable cause to believe the suspect committed the offense, the strength of the evidence, and law enforcement priorities.

Oversees the prosecution of crimes and offenses within the county, through staff members

Drafts written accusations against a suspect based on reasonable cause, and files it with the local criminal court.
Appears at arraignment to inform defendants of the charges against them, and to request bail and release arrangements of the court.
Bring felony cases to Grand Juries for indictment – if a secret Grand Jury finds that the evidence is sufficient to show reasonable cause that the defendant committed the crime, the defendant will be indicted and the case will move forward.
Negotiates with defendants and their lawyers regarding plea deals and settlements.
Prosecutes the defendant at trial, using evidence, jury selection strategy, legal reasoning, and criminal procedure to get a conviction.
Makes recommendations or requests to the court regarding sentencing after conviction or settlement.
Initiates appeals or responds to appeals by defendants through further legal processes.

Works with others in government and legal services to address criminal justice issues

Employs or contracts with people licensed to practice law when deemed necessary to aid crime victims or witnesses.
Oversees victim assistance and implementing strategies to prevent and reduce crime.
Collaborates with state and other officials as needed:
- Provides the state wit legal assistance, counsel, or advice for criminal cases when necessary.
- Cooperates with and assists the statewide organized crime task force.
- Objects to the granting of immunity when deemed appropriate.
May advocate for changes to policy and laws, as determined by other elected officials such as the NYS governor and legislature, to improve the criminal justice system.