Questions to Ask a District Attorney
Questions for a meeting with the district attorney or assistant district attorney handling a case you are involved in as a victim, a family member or a witness. They cover who the prosecutor represents, where the case stands, what will be asked of you, how plea decisions are made, and what you will be told and when. The guide adds questions for a candidate forum and for an informational interview. This page is a list of questions, not legal advice.
20 questions, each with the reason to ask it · includes a conversation guide
The questions
Open any question to see why it works.
- 1
Who is handling this case, and will it be you the whole way through?
Some offices assign one prosecutor from filing to resolution, and others hand a file to whoever is covering that courtroom that week. Knowing which system this office uses tells you how much continuity to expect and who to build a relationship with.
- 2
Where does the case stand right now, and what is the next date?
Court calendars are dense with hearings that mean different things. Ask what the next date is called, what will actually happen at it, and whether your attendance matters, since most early dates are procedural.
- 3
What charges were filed, and what do they carry?
The charges filed are often fewer or lesser than what was reported, and there are usually reasons for that. Ask for the range of possible sentences, since expectations built on a maximum figure rarely survive the process.
- 4
Do you represent me?
The answer is no, and it surprises many people. A prosecutor represents the state or the people, not the victim, which is why their duty to you is set by victims' rights law rather than by an attorney-client relationship.
- 5
Is there a victim advocate assigned, and what can that person do?
Advocates are the ones who explain the calendar, arrange courthouse logistics, and connect people to compensation programs. They usually have more time to talk than the prosecutor does, and many people never learn the role exists.
- 6
What are my rights in this state, and how do I get notice of what happens?
Victims' rights statutes commonly cover notification, presence at hearings, and being heard before a plea or at sentencing. Many are triggered only if you register or request them in writing, so ask how to do that.
- 7
What do you need from me, and by when?
Requests can include a statement, medical records, phone records, or a restitution total with receipts. Getting the list and the deadlines in one conversation avoids the repeated short-notice calls that make cases exhausting.
- 8
Am I likely to have to testify, and what would that involve?
Most cases resolve without trial, so the honest answer is usually a probability rather than a yes. Ask about preparation sessions, how long testimony typically takes, and whether you can see the courtroom beforehand.
- 9
Will the defendant be in the room, and what are my options if that is difficult?
The defendant has a right to be present, so this is rarely avoidable, but courthouses often have separate waiting areas, staggered entrances or screening arrangements. These have to be requested in advance to happen at all.
- 10
What are the strengths and weak points of this case?
A candid prosecutor will name problems: a delay in reporting, no corroboration, a witness who has changed their account. Hearing this early is far easier than hearing it as the explanation for an outcome you did not expect.
- 11
What can you tell me about the evidence, and what can you not?
Prosecutors are limited in what they can share while a case is pending, and some material is under a protective order. Asking where the line sits stops you reading silence as indifference.
- 12
Is a plea likely, and do I get to weigh in before one is accepted?
The large majority of cases end in a plea. In many states the victim has a right to confer or to be heard first, but the right is often exercised only when someone asks for it. Ask how much notice you would get.
- 13
Will you tell me before anything is decided, or after?
Finding out about a dismissal or a plea from a news report or from the defendant's family is a common and avoidable injury. Confirm which contact details are on file and whether notification comes by phone, letter or an automated system.
- 14
What are the release conditions, and how will I know if they change?
Bail conditions can be modified at hearings you may not attend. Ask whether there is an automated notification service in this county and what it covers, including release from custody.
- 15
Is there a no-contact or protective order, and what do I do if it is broken?
Ask exactly who to call first, since the answer is often law enforcement rather than the prosecutor's office, and ask what record you should keep of any contact. Orders are only as useful as the reporting process behind them.
- 16
How long is this likely to take from here?
Cases take longer than almost anyone expects, and continuances are routine. Ask for a realistic range and what typically causes delay here, so that ordinary postponements do not read as the case falling apart.
- 17
What could cause this case to be dropped or reduced?
The honest answers include evidence problems, an unavailable witness, a suppression ruling, or a decision about resources. Knowing the list in advance makes an outcome comprehensible rather than arbitrary.
- 18
Is restitution part of this, and how would it actually be collected?
Restitution is ordered more often than it is paid, and collection usually falls to a probation or court department rather than the prosecutor. Ask what documentation is needed and by when, since late claims are frequently denied.
- 19
What in this case becomes public, and does my address stay out of it?
Filings, hearings and some records are public by default. There are often mechanisms to withhold identifying details, but they have to be requested, and this is easier to arrange at the start than after a filing is made.
- 20
Who do I call when I cannot reach you?
Prosecutors are in court for much of the week. Getting a second name, usually the advocate, a paralegal or a supervisor, is the difference between a question answered the same day and one that waits a fortnight.
Notes on these meetings
Practical guidance for the conversation itself.
Before the meeting
Before the meeting
- 1Bring the case number and the police report number. Almost every question is answered faster with them.
- 2Write your questions down and put the two you care about most at the top. These meetings are often shorter than expected.
- 3Bring receipts, bills and records if restitution may be involved, and keep copies of anything you hand over.
- 4Ask whether you can bring someone with you. Most offices allow it, and it helps to have a second person remembering what was said.
- 5Write down names and titles as you go. Cases involve advocates, investigators, paralegals and more than one attorney.
Who is who
Who is who
- The district attorney is the elected head of the office. Unless the case is unusual, the person you meet will be an assistant or deputy district attorney.
- A victim advocate works for the office and handles support and logistics. They are not your lawyer either.
- Some people in these situations also hire their own attorney, particularly where a civil claim may follow. That lawyer does represent you.
- Defense counsel may contact you or send an investigator. You are not obliged to speak with them, and you may tell the prosecutor that contact was made.
- The judge decides sentences. Prosecutors recommend, which is why a promise about an outcome is not something they can give.
If this is a candidate forum or an informational interview
If this is a candidate forum or an informational interview
At a candidate forum or town hall
- What is your office's case backlog, and how has it moved in the last two years?
- Which categories of case does your office decline to charge, and who makes that call?
- How many attorneys do you have, what is the caseload per attorney, and what is your turnover rate?
- What is your policy on cash bail requests, and how often does the office ask for detention?
- What data does your office publish, and what does it not publish?
- How are conviction integrity claims reviewed, and by whom?
If you are a student or a job seeker
- How soon do new attorneys handle their own calendar and their own trials?
- What kind of supervision and trial training exists in the first two years?
- What does the caseload look like in the misdemeanor unit compared with the felony units?
- How do people move between units, and how long do they usually stay?
- What is the hardest part of the job that people do not anticipate?