Q&A

Does a district attorney have a legal right to arrest?

Does a district attorney have a legal right to arrest?

Even looking at this question from ‘across the pond’ – I know a DA has no more legal power to arrest someone than any other ‘civilian’. The only people with the authority of arrest – are sworn law enforcement officers. No. A district attorney is not a police officer. S/he can authorize an arrest but an arrest may only be made by a sworn officer.

Can a district attorney dismiss a criminal case?

When the police arrest someone and charge them with a crime in district court, the local District Attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

How does a police officer start a case with the district attorney?

The officer will later submit a request to the District Attorney’s Office requesting a formal complaint and warrant and suggesting potential charges to be authorized. Most cases begin with a complaint and warrant request. This is generally the first time that a prosecutor is involved in a case.

What does a district and prosecuting attorney do?

A district or prosecuting attorney is the legal representative of the state, county, or municipality, whose primary function resides in instituting criminal proceedings against violators of state or municipal penal laws. The law of the particular jurisdiction determines whether they are appointed or elected to office and their term of office.

Even looking at this question from ‘across the pond’ – I know a DA has no more legal power to arrest someone than any other ‘civilian’. The only people with the authority of arrest – are sworn law enforcement officers. No. A district attorney is not a police officer. S/he can authorize an arrest but an arrest may only be made by a sworn officer.

When the police arrest someone and charge them with a crime in district court, the local District Attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

The officer will later submit a request to the District Attorney’s Office requesting a formal complaint and warrant and suggesting potential charges to be authorized. Most cases begin with a complaint and warrant request. This is generally the first time that a prosecutor is involved in a case.

What does the district attorney do after charges are filed?

Once these formal charges have been filed, the District Attorney’s office will do one of two things: Send you a written notice by mail with an indication of the charge (s) and court date; or Issue a warrant for your arrest.