What role does the Los Angeles District Attorney's Office play in criminal cases? This seems like an obvious question, but if you or a loved one is charged with a criminal case in LA County, the district attorney's office will likely be the agency that prosecutes you. 

They wield significant authority, handling all felonies and some misdemeanors in Los Angeles County. When I meet with individuals, I stress the formidable presence of the district attorney's office, which will have an attorney on the opposing side, a force to be reckoned with in their case. 

The District Attorney of Los Angeles County is the office that prosecutes felony and misdemeanor crimes in Los Angeles County, California. The current district attorney (DA) is George Gascon. The main office headquarters is located at 211 West Temple Street, Suite 1200, Los Angeles, CA 90012.

I worked for the district attorney's office in East LA in 1992, so I know the office very well.  I also worked for a superior court judge, so I know how the judges interact with the district attorney's office and how they will interact with your case.

Realize, though, that the district attorney's office is an essential piece in your case.  People sometimes perceive that judges are the ones who decide what your sentence and your punishment are going to be, and in general, that's true.

But, the reality, especially in LA county, is that it's a negotiation between the defense attorney and the district attorney's office, the deputy district attorney in charge of the case that dictates what you're going to get, and the Judge just pretty much puts their blessing on it. Your defense attorney plays a crucial role in this negotiation, advocating for the best possible outcome for you. 

There certainly are exceptions to it. I've had cases where the district attorney's office was unreasonable in what they were offering my client to settle the case, and I could go to the judge and say, "Judge, if my client pleads guilty, what would you give?" 

I've done that across LA County and other counties, especially during the pandemic when all of these cases were stacking up. Sometimes, judges have to get involved to move the cases along, especially when the district attorney's office is unreasonable. 

Can You Talk to the DA if Accused of a Crime?

Under our criminal justice system, the District Attorney (DA) is the lawyer who determines whether or not to file charges against someone and prosecutes the criminal case on behalf of the state.

No specific rule prohibits a defendant in a criminal case from speaking directly with the district attorney to negotiate the charges. Still, some ethics rules say prosecutors can't talk now with defendants when represented by a lawyer.

Anyone charged with a crime should not speak with the District Attorney for many reasons, including:

• You might provide incriminating information;
• Agree to something you don't completely understand;
• Plead guilty to a crime that can't be proven in court;

Simply put, if you're accused of a misdemeanor or felony crime, it's crucial to seek the guidance of an experienced criminal defense lawyer. This step is essential to review your case and explore your legal options, providing a sense of security and reassurance in a challenging situation.

If the DA approaches you, you should let them know you have legal representation and provide them with your lawyer's contact information. However, a prosecutor or DA's office cannot speak with a defendant if they know a defense attorney represents them.

If someone is not represented, a prosecutor can speak to them, but they must advise the defendant that they have the right to remain silent and the right to counsel.

A prosecutor failing to stop talks will violate their constitutional rights and state ethics rules.

Prosecutorial misconduct occurs when a prosecutor in a criminal case behaves illegally or unethically.

The transgression is generally related to obtaining a conviction or a longer sentence for the defendant. If the judge decides that the misconduct prejudiced the defendant, then they could:

• dismiss the criminal case,
• admonish the jury to disregard specific comments or evidence,
• grant a motion for a new trial.

California Penal Code 1181 PC says a judge could declare a mistrial and grant a new trial if a finding of prosecutorial misconduct when prejudiced the outcome of the case and the defense lawyer objected at trial.

One of The Largest Prosecuting Agencies

The district attorney's office in LA County is one of the biggest prosecuting agencies in the world.  They're set up like a corporation.  They've got a hierarchy.  They've got power.  They've got supervisors. 

They've got bosses.  They've got a whole conglomerate of people you've got to deal with if you're going to handle a criminal case in LA County.  That's why it's so important to get somebody like me who's been doing this for 30 years.

I have experience with the DA's office and a super court judge, but I've also defended and fought cases since the early 1990s.

The DA's office is essential in criminal law and defending yourself, trying to beat the district office if you decide to take the case to trial, or negotiating with them if you decide it's not a good idea to take your case to trial. It would be best if you tried to work out some resolution.

But you certainly want an attorney who has experience with them, knows how to deal with them, and knows how to get a good result.

You've come to the right place.  Pick up the phone now.  Ask for a meeting with Ron Hedding.  We'll talk about your case. 

We'll discuss how the Los Angeles District Attorney's office contributes to the case and then set up a strategy to get you the best possible result. The Hedding Law Firm offers a free case consultation by phone, during which we'll review your case, answer your questions, and provide initial advice on how to proceed; you can also fill out the contact form.