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What Does a District Attorney Do—and Is a DA’s Office Different From a Prosecutor’s Office?

A district attorney is a public prosecutor serving a local or regional jurisdiction. Learn how DA offices fit under the broader term “prosecutor’s office” and how state and federal roles differ.
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A district attorney (DA) is a public prosecutor who handles criminal cases in a local or regional jurisdiction. “Prosecutor’s office” is the broader functional term: a DA’s office is one kind of prosecutor’s office, not a separate kind of institution. The exact cases and additional duties depend on state law.

What does a district attorney do?

A DA’s core job is prosecuting criminal cases assigned to the office’s jurisdiction. The DA and the office make charging decisions and handle prosecutions in court under the rules that apply in that state. The office represents the government—not an individual crime victim—in a criminal prosecution.

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State law determines the office’s precise responsibilities. For example, North Carolina directs district attorneys to prepare trial dockets, prosecute specified criminal actions and infractions in district and superior courts, advise justice officers in their districts, and represent the state in certain juvenile cases. The statute assigns state appeals to the attorney general. North Carolina General Statutes § 7A-61

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Other states describe the role differently. New York law makes the district attorney responsible for conducting prosecutions for crimes and offenses within the county courts’ jurisdiction, subject to statutory exceptions. New York Criminal Procedure Law § 700.10 Pennsylvania law likewise directs district attorneys to conduct county prosecutions in the name of the Commonwealth and addresses prosecution-related investigation expenses. Pennsylvania Consolidated Statutes, Title 16, § 1407

Charging decisions are a legal responsibility

Prosecutors decide whether to bring criminal charges under the governing law and circumstances of a case. California’s official guidance describes a locally elected prosecutor’s charging discretion as an assessment of whether a jury weighing conflicting evidence would find the defendant guilty beyond a reasonable doubt. It also says the state attorney general’s intervention is limited to specified circumstances, including disqualification or an obvious abuse of prosecutorial discretion. Those details describe California, not a nationwide rule. California Department of Justice: District Attorneys

Is a DA’s office different from a prosecutor’s office?

Usually, the distinction is in the wording, not in competing types of office. “Prosecutor” describes a public legal role; “district attorney” is a title used for a prosecutor responsible for a particular local or regional jurisdiction. A DA’s office is therefore a prosecutor’s office. Other jurisdictions may call a comparable office a county prosecutor, state’s attorney, or county attorney.

Titles and organizational structures vary. The U.S. Department of Justice lists district attorneys, county or city prosecutors, and some state attorney general offices among state and local prosecutors. U.S. Department of Justice: Federal Prosecutors Connecticut, for instance, uses state’s attorneys and a Division of Criminal Justice for criminal prosecution; its attorney general principally handles civil matters. Connecticut Division of Criminal Justice: About Us Texas law includes district attorneys, criminal district attorneys, and certain county attorneys performing district attorney duties within its definition of “state prosecutor.” Texas Code of Criminal Procedure, Article 2.01

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So, to compare two prosecuting offices, look at their jurisdiction, the law that grants their authority, the cases they handle, whom they represent, and whether they have additional or appellate duties. The title alone does not settle those questions.

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Cases and Materials on Criminal Law (American Casebook Series)
  • Author: Garvey, Stephen P.
  • Cases and Materials on Criminal Law (American Casebook Series)
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How is a DA different from a U.S. Attorney?

A district attorney generally prosecutes cases assigned to a local or regional jurisdiction under state law. A U.S. Attorney’s Office represents the United States in federal cases. The Justice Department explains: “The U.S. Attorney’s Office represents the United States in federal cases, meaning they arise from federal law created by Congress.” U.S. Department of Justice: Federal Prosecutors

Federal and state law can overlap, so a matter may fall within both federal and state jurisdiction. That means federal and state prosecutors may each pursue a case when the relevant legal requirements are met; the distinction is not simply a rule that only one level of government can act.

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Cases and Materials on Criminal Law (American Casebook Series)
Cases and Materials on Criminal Law (American Casebook Series)
Author: Garvey, Stephen P.; Cases and Materials on Criminal Law (American Casebook Series)
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What to check for a particular case or location

  • Identify the relevant jurisdiction and whether the case involves state or federal law.
  • Check the current statute and official materials for the local prosecutor’s office; duties and authority differ by state.
  • For a specific case, use the responsible prosecutor’s official office and controlling law. This overview is general information, not legal advice.

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