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District Attorney vs. Public Defender: What Are the Differences?

Learn about the two careers and review some of the similarities and differences between them.

A career in law can be both exciting and rewarding. If you’re interested in becoming an attorney, you may be wondering what the difference is between a district attorney and a public defender. Both positions play an important role in the legal system, but they have different responsibilities. In this article, we discuss the similarities and differences between district attorneys and public defenders, and we offer advice on choosing the right career path for you.

What is a District Attorney?

District Attorneys are elected officials who represent the government in criminal prosecutions. They work within a specific geographic district to investigate crimes, gather evidence and file criminal charges against people suspected of breaking the law. If a case goes to trial, the District Attorney’s office prosecutes the accused person. District Attorneys also work with law enforcement to develop policies and procedures to prevent crime and increase public safety. In some cases, they may provide legal advice to government officials or agencies.

What is a Public Defender?

Public Defenders are lawyers who are appointed by the court to represent criminal defendants who cannot afford to hire a private attorney. Public Defenders work within the public defender’s office of their jurisdiction to provide legal representation to their clients. They meet with their clients to discuss their cases, investigate the facts of the case, research applicable laws and develop defense strategies. They also represent their clients in court proceedings, including bail hearings, arraignments, pretrial conferences, motions hearings and trials. In some cases, Public Defenders may negotiate plea agreements on behalf of their clients.

District Attorney vs. Public Defender

Here are the main differences between a district attorney and a public defender.

Job Duties

Both district attorneys and public defenders have similar job duties, but the type of cases they handle differs. A district attorney is responsible for prosecuting criminal offenses in a particular jurisdiction. They evaluate each case that comes to their office and determine whether there’s enough evidence to prove that a defendant committed a crime beyond reasonable doubt. If so, they’ll pursue prosecution on that case.

In contrast, public defenders represent defendants who can’t afford an attorney. These professionals ensure that defendants’ rights are protected throughout the legal process. They also help defendants find appropriate defenses to plead guilty to lesser charges.

Job Requirements

District attorneys and public defenders both need to have a law degree from an accredited law school. To be admitted to most law schools, candidates must first take and pass the Law School Admission Test (LSAT). After completing their undergraduate studies, it typically takes three years of full-time study to earn a Juris Doctor degree.

Once they have earned their law degree, district attorneys and public defenders must pass their state’s bar exam before they can begin practicing law. Some states also require lawyers to complete additional ethics exams. District attorneys and public defenders might also pursue specialized certifications or licenses if they want to practice in specific areas of law, such as environmental law or patent law.

Work Environment

District attorneys and public defenders work in different environments. District attorneys typically work in a courtroom, where they prosecute criminals for their crimes. They may also work in an office setting, where they review evidence to build cases against defendants.

Public defenders usually work in an office environment, but they may travel to meet with clients or attend court hearings. Public defenders often spend time in the courtroom, as well, representing their clients’ interests.

Skills

There are several similarities in the skills used by district attorneys and public defenders. Both need to be excellent communicators, both written and oral, as they will be presenting cases in court and arguing on behalf of their clients. They also both need to have strong research and analytical skills to build a strong case.

However, there are some key differences in the skills used by these two professionals. For example, district attorneys need to be able to think like a prosecutor, which means they need to be able to see all sides of a case and anticipate the defense’s arguments. Public defenders, on the other hand, need to be able to think like a defense attorney, which means they need to be able to find holes in the prosecution’s case and use them to benefit their client.

Both district attorneys and public defenders need to be able to work well under pressure and handle high-stress situations. However, district attorneys may need to deal with more stress than public defenders as they often have heavier workloads and higher caseloads.

Salary

The average salary for a district attorney is $92,447 per year, while the average salary for a public defender is $83,927 per year. The salaries for both positions may vary depending on the state in which you work, your level of experience and the size of the firm or office you work for.

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