In the United States, a county prosecutor is either elected or appointed to work for his or her local government. A county attorney is a job that is unique to the United States. While similar jobs exist in other countries, such as Crown attorney in Canada and chief prosecutor in France, a county attorney is unique to the United States. He or she usually prosecutes felony cases in the county where he or she works, but he or she may also prosecute juvenile cases. This person is usually in charge of either trying a case in court or settling a case outside of court. In some jurisdictions, the county prosecutor provides legal advice to the local government and its employees, though he or she is generally not permitted to provide personal legal advice.
A county prosecutor is elected by the citizens of the county in most jurisdictions. Although there is usually no term limit, an incumbent prosecutor must win subsequent elections after being appointed. In some jurisdictions, the local government appoints a lawyer to this position, but this is less common than elections.
The primary responsibility of this type of lawyer is to prosecute county residents who are suspected of breaking local laws. He or she will usually decide which cases will be heard by a judge, as well as work with local law enforcement to gather evidence and try cases involving citizens. In most cases, the county prosecutor is in charge of all felony cases in the county where he or she works, and in smaller counties, he or she may also be in charge of all legal matters. He or she may prosecute most or all juvenile cases, which include any charges against a minor citizen in his or her county, even if he or she does not try smaller legal cases. This includes cases involving people under the age of 18 in most jurisdictions.
Typically, a county prosecutor decides whether or not to press charges against an individual based on evidence gathered by local law enforcement. After that, the prosecutor will work with the local government and the citizen’s attorney to decide whether the case will go to trial or be settled out of court. If the case goes to trial, the county prosecutor will gather and present evidence against the defendant, or any other person accused of breaking any laws, to a judge or jury.
A county prosecutor is also likely to provide legal advice and services to his or her local government. This includes giving advice to county departments, department employees, and government officials on any issue involving the person’s work in the county. Despite this, even if the prosecutor works for the county, a county prosecutor does not typically provide legal advice on personal matters, though they do provide some advice to potential witnesses, defendants, and their families. A prosecutor who works for the county cannot practice law privately while in office in most jurisdictions.