Legal Question in Administrative Law in Pennsylvania

D.A. Jurisdiction

What is the legal juristriction of a assissant district attorney? Do they have the ability or right to use ''discretion'' over the state law when offering or accepting a plea??


Asked on 5/23/07, 4:38 pm

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: D.A. Jurisdiction

It depends on the County that you're in. Some District Attorney's offices give very little discretion to Assistant District Attorneys and some give a lot.

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Answered on 5/24/07, 9:59 am
Douglas Sughrue Attorneys Crosby & Sughrue

Re: D.A. Jurisdiction

Are you asking about the difference between a DA & an ADA? If so, some ADA's have little discretion as to what to charge, while other ADA's have full discretion. Most, if not all, DA's have policies that shape their prosecutorial theory so they do not "abuse their discretion." Meaning, policies are developed to ensure that similar people in similar situations get treated the same.

To answer your question, Prosecutors have full discretion to offer plea agreements and reject offers by the defendant. But, only Judges have the abilty/power to accept or reject plea agreement between the prosecution and the Defense.

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Answered on 6/07/07, 5:19 pm


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