An overview of Law & Justice in the 16^th Judicial District

VIII. Role and Duties of the District Attorney in the criminal justice process

What happens after the investigation is completed by the law enforcement agency?

Once an investigation is completed by a law enforcement agency the results are turned over to the District Attorney or City Prosecutor. Only misdemeanor crimes (those punishable by city or parish jail) are handled by city prosecutors. All other crimes, including misdemeanors and felonies, are handled by the District Attorney.

What are the powers and duties of the District Attorney?

The Louisiana Code of Criminal Procedure Article 61 states, in part:

The District Attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines who, when and how he shall prosecute.

What procedure does the District Attorney follow in determining who, when and how he shall prosecute?

1. Screening Process

Prosecutors review each investigative file turned in by a law enforcement agency to determine if formal charges will be made by filing a Bill of Information or through the Grand Jury Process.

The screening process includes the following:

1. Reading and analyzing the information provided by the law enforcement agency, including but not limited to witness statements, crime lab reports, investigative officer's report, photographic evidence and reports from the coroner.

2. Requesting the investigative agency to provide additional information.

3. Interviewing witnesses and talking to investigative officers.

4. Reviewing which criminal statute(s) apply to the facts of the case.

What happens after the District Attorney has completed the screening process?

The District Attorney has several options after completing this process, including:

1. Determining that no criminal charges will be brought against an accused.

2. Filing formal charges in a Bill of Information.

3. Determining that the case will be investigated by a Grand Jury.

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