
A prosecutor is a lawyer who represents the government in cases where they believe a person or entity has committed a criminal act. A prosecutor attempts to prove the court’s case against the defendant and seek justice as defined under the law.
On the state and government levels, the chief prosecutors are usually elected officials known as District Attorneys. Federal prosecutors, known as United States Attorneys, are officials appointed by the President and require Senate approval.
If you are facing criminal prosecution, a Burbank criminal defense lawyer can help you defend your rights. Contact us for a case evaluation to tell us your story.
What Is the Role of the Prosecutor?
The role of the prosecutor is to represent the government in criminal cases ranging from minor offenses to serious cases like murder. Their key duties are:
Criminal Investigation
The District Attorney or U.S. Attorney’s office will investigate criminal activity in conjunction with law enforcement. In some cases, they may build a case over months and years before an arrest is made.
Bring Charges
If sufficient evidence exists, the prosecutor will file charges against the defendant. They must consider the alleged crimes, applicable laws, and the likelihood of a conviction. If the evidence does not support a conviction, they will not pursue a case.
Prepare for Trial
Prosecutors build their case against the defendant by reviewing evidence, interviewing witnesses, and preparing their arguments. In the U.S. justice system, the prosecutor has the burden of proof to show the defendant is guilty beyond a reasonable doubt.
Represent the Government in Court
The prosecutor often must make their case in court before the judge and jury. This usually means matching wits with a skilled criminal defense attorney. The prosecution will make arguments, call witnesses, cross-examine defense witnesses, and present evidence.
Negotiate Deals
In some cases, a prosecutor may offer a deal for lesser charges or entertain plea bargain deals made by the defense attorneys on behalf of the defendant. When deciding to accept these deals, a prosecutor must weigh many factors, such as whether the punishment is appropriate and how the public may view the outcome.
Defend Justice
No matter how legal proceedings play out, the prosecutor’s most important role is to ensure justice is done fairly and legally. As the government’s legal representative, this falls on their shoulders.
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Prosecutor Vs. Lawyer
A common question is what a prosecutor is versus a lawyer. A prosecutor is a lawyer who works for the government to bring accused criminals to justice. Not all lawyers are prosecutors, but all prosecutors are lawyers.
Lawyers may choose to focus on one or several disciplines as individuals or members of a firm. Some examples include:
- Criminal Defense
- Personal Injury
- Public Defense
- Family Law
- Corporate
- Real Estate
- Intellectual Property
- Estate Planning
- Civil Rights
- Contracts
Lawyers may switch disciplines when their goals change or if they simply need a new challenge. While prosecutors are well compensated, as government employees, they typically earn much less than attorneys who work in powerful private firms.
Does the Prosecutor Represent the Victim?
No, the prosecutor does not represent the victim or the police. In cases where the defendant has broken the law, the prosecutor represents the government. However, the prosecutor’s goals often align with attaining justice for the victim.
While the prosecutor tries criminal cases, in most jurisdictions, the defendant can face civil charges for the same offense or action. In that situation, the victim or their family may hire a lawyer to represent them.
Who Is More Powerful, a Judge or a Prosecutor?
Prosecutors have tremendous power in the United States criminal justice system. They may choose at their discretion to bring charges against an individual or corporation or drop those charges if they see fit. When doing so, they have the full clout of the government behind them.
The judge’s role is to hear arguments from both the prosecution and defense, make rulings, and ensure a fair process. From the defendant’s perspective, this makes the prosecutor the more powerful entity with a more substantial impact on their future.
However, the judge always has the final say in their court. If the prosecutor does not follow correct procedures, fails to produce sufficient evidence, or infringes on the defendant’s rights, the judge can take action. This includes dismissing the case.
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How Do You Become a Prosecutor?
To become a prosecutor, you must be a lawyer. To become an attorney, you must:
- Complete a bachelor’s degree program: Common majors for students interested in becoming attorneys include pre-law, criminal justice, and political science, though many other majors are acceptable.
- Pass the LSAT: The Law School Admission Test (LSAT) is a standardized test required for admission to law school. It is complex and usually requires extensive preparation to pass.
- Complete law school: This typically takes an additional three years on top of your undergraduate studies.
- Pass the bar exam: In most states, you must pass the bar exam to become a licensed attorney. Be sure to check out the requirements in the state where you intend to practice.
Once your education and credential requirements are complete, you can begin applying for jobs in a District Attorney’s Office or the Office of United States Attorneys. Many of these positions are very competitive.
Get Legal Help Today
If you are wondering what a prosecutor is, it may be because you are facing legal issues. It is important to remember that you are innocent until proven guilty, no matter how much a District Attorney tries to intimidate you.
At Simmrin Law Group, we’ve helped thousands of clients get the justice they deserve. If you need help in California, contact us today to learn more about what we can do for you.
Call or text (310) 896-2723 or complete a Free Case Evaluation form