Prosecuting Criminals
Several different agencies prosecute crime committed in San Diego County.
San Diego County District Attorney
The San Diego County District Attorney represents the People of the State of California in
bringing criminal charges arising out of state law and county ordinances against suspects in
San Diego Superior Court. Article 11, sections 1 and 4 of the California Constitution
mandate that each county have an elected district attorney. By statute, "The district
attorney is the public prosecutor . . . . The public prosecutor shall attend the courts, and
within his or her discretion initiate and conduct on behalf of the people all prosecutions
for public offenses." (Cal. Government Code, § 26500.) In simple terms, the district
attorney has the responsibility and authority to investigate and prosecute all criminal acts
committed within San Diego County in violation of state laws and county ordinances in the trial
courts.
The district attorney also represents the People in the California appellate courts when
appealing adverse trial court rulings and during pretrial writ proceedings. We also handle
all appeals of our misdemeanor convictions. But when felony defendants appeal their
convictions, the California Attorney General steps in to represent the People in the
appellate courts.
San Diego City Attorney
The San Diego City Attorney has jurisdiction to prosecute all infraction and misdemeanor offenses arising out of city ordinances. In addition, with the district attorney's consent, the city attorney shares jurisdiction with the district attorney to prosecute misdemeanor violations of state law that have occurred within San Diego city limits. (Cal. Government Code, § § 41803.5, 72193; Charter of the City of San Diego, § § 40, 40.1.)
California Attorney General
The California Attorney General is the chief law officer of the state who, in addition to handling criminal appeals, can assume district attorney powers to prosecute crime in superior court when necessary. The Attorney General also assists district attorneys in the discharge of their duties.
United States Attorney General
Crimes against the United States are prosecuted in federal court by the United States Attorney and the United States Attorney General.