The 167th District Court
The Prosecutor
Hello, my name is Susan Oswalt. I am an assistant district attorney in Travis County, assigned to the 167th District Court. In order to hold this job I have to be a licensed attorney.
This required that I have a college and
law school
degree and pass a comprehensive bar exam covering all areas of the law.The duties of a prosecutor, also referred to as an assistant district attorney (ADA), are to represent the people of the State of Texas in prosecution of people accused of committing felony offenses. These are the most serious crimes in Texas, with a punishment range from probation to prison time to death in the appropriate case. The prosecutor’s duty, according to Texas law, is not simply to obtain convictions but to seek justice, whatever that may mean in a particular case. Because of the tremendous power and responsibility an ADA has, she should always keep this in mind in performing her duties. In Travis County, some ADA’s are assigned to particular courts. Those lawyers handle any felony cases that are assigned to that court by the district clerk. The types of cases range from thefts to murder. Other ADA’s are assigned to special units such as family justice and child abuse, public integrity, white collar crime, grand jury, and appeals.
When the police file a felony charge on someone, the case file is forwarded to the district attorney’s office, and an ADA is assigned to the case. Often, before the police make a decision about whether to file charges, they will consult with an ADA about the evidence they have collected, and whether or not any additional work needs to be done on the case before charges are filed. It is the ADA’s responsibility to advise the police at any phase of the investigation, if requested. (More on the criminal justice process).
Once the police file charges, the case is reviewed by an ADA, prepared and presented to the grand jury. This is done by giving information to the grand jury about the facts, and may also involve presenting witnesses. The grand jury makes the decision about whether or not to indict a defendant. An indictment binds the defendant over for trial and tells him or her what charge has been filed. After an indictment is returned, the case gets a court setting. The defendant is required to appear with his lawyer,
At that point, the ADA negotiates with the defendant’s lawyer to try to resolve the case. Resolution may involve a plea bargain, where the defendant pleads guilty in exchange for a known sentence, or it may require a trial. In a jury trial twelve citizens in the county are selected to hear the evidence from witnesses in the case, to view evidence presented by the ADA and the defense, and to make a decision about the defendant’s guilt or innocence. A bench trial is one where the judge makes those decisions.
The ADA must subpoena witnesses prior to the trial setting and interview them before they testify. The ADA also must gather all the evidence in the case for presentation to either the judge or the jury. It is also the prosecutor’s job to select a jury and present the State’s case to that jury. This involves both putting on evidence, and questioning witnesses. After hearing all the evidence, the jury decides whether or not they believe the defendant is guilty of the crime for which he or she has been accused. If they find the defendant guilty, the ADA may put on additional punishment evidence before the jury decides what punishment is appropriate for the defendant.
In general, ADA’s in Travis County assigned to a trial court handle between 150 and 200 active cases at a time.
Last Modified: Friday, June 20, 2008 12:07 PM
