When facing the American legal system, understanding who represents whom is essential. In the United States, prosecutors are not private lawyers that individuals can hire at will—they are government attorneys who represent the state in criminal cases. Their duty is to pursue justice by prosecuting individuals accused of crimes. This means their role is very different from that of defense attorneys, who represent the accused.
Yet, confusion often arises among people unfamiliar with the system. Some individuals mistakenly think they can hire a prosecutor to fight their case. Others don’t realize that prosecutors work for the government—at the federal, state, or local level—and their responsibility is to uphold the law, not represent private interests.
That’s why knowing the basics about prosecutors is critical if you are navigating the U.S. legal landscape. Whether you’re involved in a case as a victim, defendant, or business dealing with potential legal exposure, understanding the role of a prosecutor helps you set realistic expectations. It also highlights why you may need to work with a defense attorney or cooperate with prosecutors instead of attempting to “hire” one.
In this article, we’ll cover 5 things to know before hiring a prosecutor in the US. From clarifying their role and responsibilities to understanding how they differ from other lawyers, these insights will help you avoid misunderstandings and approach your legal challenges more effectively.
1. You Cannot Technically Hire a Prosecutor
The first and most important fact: you cannot hire a prosecutor in the US. Prosecutors are government employees who represent the state, federal, or local government in criminal cases. Their job is to prove guilt beyond a reasonable doubt against individuals accused of crimes.
For example, if someone is charged with theft, the prosecutor—often from the District Attorney’s (DA) office—will build a case against them. The accused then hires a defense attorney to counter the charges. At no point does the defendant or victim “hire” the prosecutor.
Instead, if you are the victim of a crime, you can report it to law enforcement, which then works with prosecutors. If you are accused of a crime, your relationship with prosecutors is adversarial, not collaborative.
Understanding this prevents costly mistakes. Many people waste time searching for “how to hire a prosecutor” when what they really need is:
- A defense attorney (if they are accused).
- A civil attorney (if they want to pursue damages in a non-criminal case).
- Cooperation with the District Attorney’s office (if they are victims).
The bottom line: prosecutors are public servants, not private lawyers for hire.
2. The Role of Prosecutors in the Legal System
Prosecutors play one of the most powerful roles in the U.S. justice system. Their responsibilities go beyond simply “trying to convict.” They must:
- Review evidence from law enforcement.
- Decide whether to file charges based on the strength of the case.
- Negotiate plea bargains with defense attorneys.
- Present cases in court before judges and juries.
For example, if police arrest someone for drug possession, the prosecutor determines whether the evidence supports filing charges and what type of charges to pursue. This discretion gives prosecutors immense influence over outcomes.
Prosecutors are also expected to act ethically. Their ultimate duty is to seek justice, not just convictions. This means they must disclose exculpatory evidence (evidence that may prove the defendant’s innocence) and avoid misconduct.
For anyone interacting with prosecutors, it’s important to understand that they are not “your lawyer.” They represent the state, and their job is to ensure the law is upheld fairly—even if that means dropping charges when evidence is insufficient.
3. Differences Between Prosecutors and Defense Attorneys
To avoid confusion, it’s essential to distinguish between prosecutors and defense attorneys.
- Prosecutors: Work for the government, represent the public, and prosecute individuals accused of crimes.
- Defense Attorneys: Represent individuals or entities accused of crimes and protect their constitutional rights.
For example, in a DUI (driving under the influence) case:
- The prosecutor presents evidence such as breathalyzer results and witness testimony to prove guilt.
- The defense attorney challenges the legality of the traffic stop, accuracy of the tests, or credibility of witnesses to create reasonable doubt.
This distinction matters because many people mistakenly believe they can “hire a prosecutor” to handle personal legal matters. In reality, if you are accused of a crime, you must hire a defense attorney. If you are a victim, you may work with prosecutors indirectly but cannot employ them directly.
Knowing the difference ensures you choose the right legal representation for your situation.
4. Qualifications and Experience of Prosecutors
Another key point before considering the idea of “hiring a prosecutor” is understanding their qualifications. Prosecutors are highly trained legal professionals who typically have:
- A law degree (JD) from an accredited law school.
- Passed the state bar exam.
- Completed internships or clerkships in criminal law.
- Practical experience handling a wide variety of cases.
Many prosecutors start their careers in local District Attorney’s offices before moving up to federal roles. Their training is focused on criminal law, trial advocacy, and ethical responsibilities.
For example, a prosecutor handling a homicide case may have years of courtroom experience in lesser cases like assault or burglary. This experience equips them to build strong cases for trial.
It’s important to note that if you want similar courtroom expertise on your side, you should hire a criminal defense attorney, many of whom are former prosecutors themselves. Their background gives them valuable insight into how prosecutors build cases, making them strong defenders for clients.
5. Alternatives to “Hiring” a Prosecutor
Since you cannot hire a prosecutor, what should you do instead? The answer depends on your role in the legal process.
- If you are accused of a crime: Hire a criminal defense attorney who will protect your rights, challenge evidence, and negotiate with prosecutors.
- If you are a victim of a crime: Report it to law enforcement and work with victim advocates. Prosecutors may reach out to you for testimony or evidence.
- If you want to sue for damages: Hire a civil attorney to pursue compensation in non-criminal cases.
For example, if you are the victim of fraud, prosecutors may file criminal charges against the perpetrator. But if you also want to recover lost money, you would need a civil lawsuit with the help of a private attorney.
Understanding these alternatives ensures you get the right type of legal help. While prosecutors uphold justice for the public, private attorneys are the ones you hire to represent your personal or business interests.
Setting Realistic Expectations About Prosecutors
In the U.S. legal system, prosecutors play a vital role in ensuring justice is served. They investigate, file charges, and present cases against individuals accused of crimes. However, they are government lawyers, not private attorneys for hire.
Before assuming you can hire a prosecutor, it’s crucial to understand their role. If you are a defendant, you need a defense attorney. If you are a victim, you can cooperate with prosecutors but cannot employ them. If you are seeking compensation, a civil attorney is the right choice.
By knowing these distinctions, you avoid costly misunderstandings and ensure you engage the right type of legal representation. The U.S. system can be intimidating, but with the correct attorney by your side, you’ll be prepared to navigate it effectively.
If you or your business faces legal challenges, consult with the right type of lawyer immediately. The sooner you seek professional guidance, the better your chances of protecting your rights and achieving a favorable outcome.
FAQ: Common Questions About Prosecutors in the US
1. Can I hire a prosecutor to represent me in court?
No. Prosecutors work for the government and cannot be hired privately. You need a defense or civil attorney depending on your situation.
2. Who pays for prosecutors?
Prosecutors are paid by taxpayers, as they are employees of local, state, or federal governments.
3. Can victims influence prosecutors’ decisions?
Victims may provide input, but prosecutors ultimately decide whether to press charges based on evidence.
4. Are all prosecutors elected?
Some, such as District Attorneys, are elected at the county level. Others, like U.S. Attorneys, are appointed by government officials.
5. Should I hire a defense attorney even if I think I’m innocent?
Yes. Innocent people can still be convicted without proper defense. A defense attorney ensures your rights are fully protected.