A prosecutor is a government lawyer who decides whether to bring criminal charges against someone and then presents the case in court on behalf of the public. At the local level they’re usually called district attorneys, state’s attorneys, or county prosecutors. At the federal level, they’re called United States attorneys. Unlike a defense attorney, who works for the person accused, a prosecutor represents the community as a whole and carries the burden of proving guilt beyond a reasonable doubt.
Who the Prosecutor Represents
Every prosecutor works for a government office rather than a private client. When a crime is committed, the legal harm is treated as an injury to society, not just to the individual victim. That’s why criminal cases are styled as “The People v. Smith” or “United States v. Jones” rather than naming the victim as the party bringing the case. The prosecutor stands in for the community.
This also means the prosecutor is not the victim’s personal attorney. Victims have specific rights in the process and often work closely with the prosecution, but the prosecutor’s job is to evaluate whether the evidence justifies a criminal case and whether pursuing it serves the public interest. Sometimes that aligns with what the victim wants. Sometimes it doesn’t.
A handful of states still allow private citizens to initiate or participate in criminal cases under limited circumstances, but the norm in the United States is that only a government prosecutor can file and litigate criminal charges.
The Power to Charge
The most consequential thing a prosecutor does often happens before a case ever reaches a courtroom: deciding whether to file charges at all. This authority is called prosecutorial discretion, and it gives prosecutors enormous influence over who enters the criminal justice system and who doesn’t.
When police finish an investigation, they hand the evidence to the prosecutor’s office. The prosecutor then decides whether the evidence supports a charge, which specific charges to bring, and whether pursuing the case serves the public interest. The Supreme Court has held that as long as a prosecutor has probable cause to believe someone committed a crime, the decision to charge or not charge is almost entirely within that prosecutor’s judgment.1Congress.gov. Federal Prosecutorial Discretion: A Brief Overview
Factors that shape the decision include how serious the offense is, how strong the evidence looks, the person’s criminal history, whether prosecution would serve a meaningful law enforcement purpose, and whether a better alternative exists. Federal prosecutors are specifically instructed not to bring a case when prosecution would serve no substantial federal interest, the person could be effectively prosecuted elsewhere, or an adequate non-criminal alternative exists.1Congress.gov. Federal Prosecutorial Discretion: A Brief Overview
Even after charges are filed, a prosecutor can voluntarily dismiss them. This decision is called nolle prosequi, and it might happen because new evidence weakens the case, a witness becomes unavailable, or circumstances change. Courts generally don’t second-guess these calls.
What Prosecutors Do Day to Day
The work begins with reviewing police reports, witness statements, and physical evidence to figure out whether a provable crime occurred. If the prosecutor decides to move forward, the next step is formally charging the defendant. For federal felonies, charges go through a grand jury, which reviews the evidence and decides whether to issue an indictment. For misdemeanors and for felonies where the defendant waives the grand jury, the prosecutor can file a document called an “information” and proceed without one.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
Once a case is filed, the prosecutor has a continuing obligation to share evidence with the defense. This process is called discovery, and it covers documents, physical evidence, and any material the prosecution intends to use at trial.3United States Department of Justice. Discovery Both sides should know what evidence exists before they walk into a courtroom.
Most criminal cases never reach trial. Prosecutors spend a significant amount of time negotiating plea agreements, where a defendant pleads guilty, often to a reduced charge, in exchange for a lighter sentence or dropped counts. When a case does go to trial, the prosecutor calls witnesses, introduces evidence, and argues to the judge or jury that the evidence proves guilt.
After a conviction, the prosecutor recommends a sentence based on the severity of the crime, the defendant’s history, and applicable sentencing guidelines. The judge makes the final call, but the recommendation carries weight.
Not every case a prosecutor could charge ends in court. For certain first-time offenders or low-level crimes, prosecutors can offer pre-trial diversion, where the defendant completes requirements like community service, counseling, or supervision in exchange for the charges being dropped. Violent crimes, offenses involving children, and cases involving weapons are typically excluded.
Types of Prosecutors
Local and State
Most criminal cases in the United States are handled at the local level by district attorneys, state’s attorneys, or county prosecutors. The title varies by jurisdiction, but the job is essentially the same. These offices prosecute everything from shoplifting and assault to murder. A chief prosecutor, usually elected, oversees assistant prosecutors who handle day-to-day caseloads. Many smaller cities also employ municipal prosecutors who handle low-level violations of city ordinances, with their authority limited to that city’s boundaries.
Federal
The President appoints a United States attorney for each of the 94 federal judicial districts, subject to Senate confirmation, and each serves a four-year term.4Office of the Law Revision Counsel. 28 U.S.C. 541 – United States Attorneys These offices prosecute violations of federal law, such as tax fraud, interstate drug trafficking, immigration offenses, and civil rights violations. Federal prosecutors frequently work alongside agencies like the FBI, DEA, and IRS Criminal Investigation.
Special Counsel
When a normal prosecution would create a conflict of interest for the Justice Department, such as investigating a sitting president or a senior DOJ official, the Attorney General can appoint a special counsel. The appointment requires a determination that the investigation is warranted and that a conflict of interest or other extraordinary circumstances make an outside prosecutor necessary.5eCFR. 28 CFR 600.1 – Grounds for Appointing a Special Counsel
The Rules That Constrain Prosecutors
Burden of Proof
In any criminal case, the prosecution carries the entire burden of proof. The defendant doesn’t have to prove anything. To secure a conviction, the prosecutor must demonstrate every element of the charged crime beyond a reasonable doubt, the highest standard in the legal system. If the jury has a reasonable doubt about any required element, the verdict should be not guilty.
Duty to Disclose Favorable Evidence
Prosecutors are legally required to turn over evidence that could help the defendant, even if it undermines their own case. The Supreme Court established this rule in Brady v. Maryland, holding that suppressing evidence favorable to the accused violates due process, regardless of whether the prosecutor acted in bad faith.6Justia. Brady v. Maryland, 373 U.S. 83 This includes evidence pointing toward innocence, reducing a potential sentence, or undermining the credibility of a prosecution witness.
Brady violations are one of the leading causes of wrongful convictions. When a prosecutor hides favorable evidence and it’s later discovered, the result can be an overturned conviction, discipline against the prosecutor, or both. The rule exists because a prosecutor’s job is to seek justice, not simply to win.
Prosecutorial Immunity
Prosecutors enjoy broad legal protection from civil lawsuits for actions taken as part of their prosecutorial duties, including decisions about which charges to file, what evidence to present, and how to argue a case. This protection, called absolute immunity, exists so prosecutors can make tough calls without fearing personal financial liability. The trade-off is that even when a prosecutor makes a serious mistake, the person harmed may have no ability to sue for damages. Accountability instead flows through bar disciplinary proceedings, internal office review, and, for elected prosecutors, the ballot box.
How Prosecutors Work With Victims
Although the prosecutor doesn’t represent the victim personally, federal law gives crime victims specific rights. Under the Crime Victims’ Rights Act, victims are entitled to timely notice of court proceedings, the right to attend those proceedings, and the right to be heard at hearings involving a plea deal, sentencing, or the defendant’s release. Victims also have the right to confer with the prosecutor and to be told about any plea bargain or deferred prosecution agreement before it’s finalized.7Office of the Law Revision Counsel. 18 U.S.C. 3771 – Crime Victims’ Rights
During sentencing, prosecutors often facilitate victim impact statements, which are written or spoken accounts describing how the crime affected the victim’s life. These statements can influence the sentence a judge imposes.