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. They represent the government in criminal cases and are responsible for ensuring that justice is done by prosecuting people accused of committing crimes. An official website of the United States government They use official websites. The Gova.gov website belongs to an official government organization of the United States.
Courts were created under Article III of the Constitution to administer justice in a fair manner. Learn about federal court programs and services to help provide fair and impartial justice. The administration and governance of the judiciary occur both at the national and regional levels. This section provides statistical data and news about the activity of the federal judiciary. Link to national federal rules of practice and procedures and to current forms.
Learn how to submit and access case files and information from court records. Only the government initiates a criminal case, usually through the U.S. Attorney's office, in coordination with a law enforcement agency. Complaints of criminal conduct must be filed with local law enforcement, the FBI, or other appropriate law enforcement agency. In a criminal trial, the burden of proof lies with the government. Defendants do not have to prove their innocence.
Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial places a much greater burden on the prosecutor than on the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt”, meaning that the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. At the initial appearance, a judge who has reviewed the arrest reports and the post-arrest investigation, informs the defendant about the charges brought, considers whether the defendant should remain in jail until trial, and determines if there are probable reasons to believe that a crime has been committed and that the defendant has committed it.
Defendants who cannot afford an attorney are informed of their right to a court-appointed attorney. Defendants who are released into the community before trial may undergo electronic checks or drug testing, and may be required to submit regular reports to a trial prevention services officer to ensure their appearance at trial. The defendant pleads guilty to the charges brought by the U.S. Department of State.
UU. Attorney at a court hearing known as an appearance. More than 90 percent of defendants plead guilty instead of going to trial. If a defendant pleads guilty in exchange for the government agreeing to drop certain charges or recommend a light sentence, the agreement is often referred to as a “plea agreement.” If the defendant pleads guilty, the judge can impose a sentence, but most commonly he schedules a subsequent hearing to determine the sentence.
In most serious crime cases, the judge waits for the results of a filing report from the court's probation office before imposing the sentence. If the defendant pleads not guilty, the judge will schedule a trial. Criminal cases include limited pre-trial discovery procedures, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation. Lawyers can also file motions, which are requests for the court to rule before trial, for example, to suppress evidence that they may violate the constitutional rights of the accused.
If a defendant is found not guilty, he is released and the government cannot appeal. The person cannot be charged again for the same crime in federal court. The Constitution prohibits “double criminality” or being tried twice for the same crime. If the verdict is guilty, the judge determines the defendant's sentence.
During sentencing, the court may take into account the guidelines of the United States Sentencing Commission, the evidence presented at trial, and also the relevant information provided by the preventive services officer, the United States. A sentence can include prison time, a fine to be paid to the government, and compensation to be paid to crime victims. The court's probation officers enforce the conditions imposed by the court as part of a criminal sentence. Supervision of offenders may include services such as substance abuse testing and treatment programs, employment counseling, and alternative detention options, such as home confinement or electronic monitoring. Do you want to further develop your knowledge of federal courts? Read How to Understand Federal Courts.
In this five-minute video, federal judges provide information on how they think about the separation of powers and describe how healthy tensions between powers have a stabilizing effect on democracy. The Criminal Division has prosecutors, attorneys and career staff, who act as subject matter experts in their areas of law enforcement and criminal enforcement, prosecute criminal matters in federal courts, and promote the Department's priorities in its areas of expertise. The Division is comprised of 16 sections and offices, each of which is of vital importance in furthering the mission of the Division. Tasked to ensure “that laws are faithfully executed,” 93 federal prosecutors work to enforce federal laws across the country.
The President appoints a federal prosecutor for each of the 94 federal districts (Guam and the Northern Mariana Islands are separate districts, but they share a federal prosecutor). The United States Attorney is the principal federal law enforcement official in his district and is also involved in civil litigation to which the United States is a party. The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks.
The first is simply to preside over the process and ensure that order is maintained. The second is to determine if any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations on the facts of the case, the judge gives instructions on the law that applies to the case and the rules to be used to decide the case. Fourth, in non-jury trials, the judge must also determine the facts and decide the case.
The fifth is to sentence convicted criminal defendants. Attorneys for each side will be seated at the lawyers' tables in front of the stand or will speak to the judge, a witness, or the jury. The task of every lawyer is to bring to light the facts that put their client's case in the most favorable light, but to do so using approved legal procedures. In criminal cases, one of the lawyers works for the executive branch of the government, which is the power that prosecutes cases on behalf of the company. In federal criminal cases, the attorney is that of the United States.
On relatively rare occasions, defendants in criminal cases or parties in civil cases attempt to present their cases themselves, without recourse to a lawyer. Parties that act in their own name are said to act pro se, a Latin phrase that means in their own name. The parties may or may not be present at the lawyers' tables with their attorneys. Defendants in criminal cases have a constitutional right to be present.
The parties in civil cases can be present if they want to, but they are often absent. Witnesses testify about the facts of the case that are in dispute. During their testimony, they sit on the witness stand, in front of the courtroom. Because one or the other party asks witnesses to testify, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses. The court's alternate, who is usually seated close to the judge, takes an oath to witnesses, marks the evidence, and usually helps the judge to make the trial run smoothly. Gainesville Pensacola Tallahassee Do you have questions about jury service? If your question doesn't appear on the information page about the jury function or in our FAQs for jurors, call the jury administrator at (850) 521-3705 or ask a question through our online contact form.
A public defender is an attorney appointed to represent individuals who otherwise could not afford to hire an attorney to defend themselves in a trial. A number of countries provide public defenders to individuals, such as the United Kingdom, Belgium, Hungary and Singapore, and some states in Australia. Brazil is the only country in which the Constitution establishes a law office paid by the government for the specific purpose of providing full legal assistance and free representation to people in need. The Sixth Amendment to the United States Constitution, as interpreted by the Supreme Court, requires that the United States government provide legal advice to indigent defendants in criminal cases.
Public defenders in the United States are attorneys employed or contracted by county, state, or federal governments. To fulfill these responsibilities, the Office of the Attorney General acts as legal counsel to all state government boards and agencies, issues legal opinions when requested by the governor, heads of state agencies and other officials and agencies, as provided by Texas statutes, is an ex officio member of state committees and commissions, and defends challenges to state laws and lawsuits against state agencies and individual employees of the state. In some circumstances, the Attorney General has the original jurisdiction to prosecute violations of the law, but in most cases, criminal proceedings initiated by the Attorney General are only initiated at the request of a local prosecutor. They also work to ensure that victims' rights are protected throughout the criminal justice process, including their right to be heard and informed about important developments in the case. In New South Wales, public defenders only appear in criminal matters, both at trial and appellate levels, while in Victoria, public defenders also carry out some civil and family law tasks.
Instead, any lawyer can be appointed to advise a specific defendant, and the defendant can select a specific lawyer. The term public defender in the United States is often used to describe an attorney who is appointed by a court to represent a defendant who cannot afford to hire an attorney. Usually, a private lawyer is appointed, one for each defendant, and conflict of interest between conflicting suspects is avoided. For example, the court appoints the public defender's office to represent the defendant and the office assigns an attorney for the defendant's case. For more than 100 years, the Criminal Division has developed, enforced and overseen the application of federal criminal laws not specifically assigned to other components, often in partnership with 93 U.
Prosecutors also work to raise public awareness of important criminal justice issues, such as domestic violence, child abuse and other forms of violence. The prosecutor's role is crucial in maintaining public safety and deterring future criminal conduct.
