What is the role of the district attorney in criminal proceedings?

California, United States of America

The following excerpt is from People v. Martin, 237 Cal.Rptr.3d 504, 26 Cal.App.5th 825 (Cal. App. 2018):

"[T]he district attorney of each county independently exercises all the executive branch's discretionary powers in the initiation and conduct of criminal proceedings. [Citations.]" ( People v. Eubanks (1996) 14 Cal.4th 580, 589, 59 Cal.Rptr.2d 200, 927 P.2d 310 ( Eubanks ).) "The charging function is the sole province of the executive." ( People v. Clancey (2013) 56 Cal.4th 562, 574, 155 Cal.Rptr.3d 485, 299 P.3d 131.)

Other Questions

What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
Is a district attorney immune from prosecution if a press release by the district attorney gives him immunity under the facts? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
In what circumstances will the District Attorney's Office be able to provide information to the criminal division of the Criminal Division of the Department of Justice? (California, United States of America)
Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.