Assistant Commonwealth's Attorney I

General Description

The purpose of this job is to serve as Assistant Commonwealth’s Attorney, pursuant to Va. Code § 15.2-1627, as, pursuant to §§ 15.2-1626 and 15.2-1627, part of Dinwiddie County’s department of law enforcement, with the Commonwealth’s Attorney being Chief Law Enforcement Officer, and having the duties and powers imposed upon her by general law, including the duty of prosecuting all felony matters and certain misdemeanors, enforce all forfeitures, and certain other responsibilities pursuant to Virginia law. This includes prosecuting criminal charges, pursuing their trials and related criminal proceedings, including pretrial and posttrial litigation; exercising professional prosecutorial discretion in judgment in evaluating cases and making and executing decisions appropriately and in accordance with all applicable legal and ethical mandates; preparing cases for trials and other litigation; providing legal assistance and advice to law enforcement officers; conducting legal research; preparing pleadings and briefs; and related work as apparent or assigned.

This position works independently, under limited supervision, reporting major activities through periodic meetings.

Duties and Responsibilities

• Pursuant to Va. Code § 15.2-1627, assist the Commonwealth’s Attorney as Chief Law Enforcement Officer serving pursuant to Va. Code § 15.2-1626, in fulfilling and pursuing the duties and powers imposed upon the Commonwealth’s Attorney and her assistants under general law, including the duties and powers set forth in Va. Code § 15.2-1627: the duty of prosecuting all warrants, indictments, and informations charging a felony; and in her discretion prosecuting Class 1, 2, and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine; and the duty to enforce all forfeitures; to execute the duties imposed by Va. Code 2.2-3126, and certain other legal duties and powers.
• Represent as counsel / attorney the Commonwealth of Virginia in criminal proceedings at all court levels, particularly the General District Court, the Juvenile and Domestic Relations District Court, and the Circuit Court, but also the Virginia Court of Appeals and the Virginia Supreme Court; and represents as counsel/attorney the Commonwealth of Virginia in certain civil proceedings such as forfeiture matters, involuntary commitment hearings, and supervision of insanity acquittees.
• Prosecute criminal cases and performs all related and necessary tasks so entailed.
• Exercise soundly, lawfully, and ethically professional prosecutorial discretion and judgment in evaluating cases, charges, investigations, and pending court proceedings, making and executing decisions appropriately and in accordance with all applicable legal and ethical mandates, such as Rule 3:8 of the Virginia State Bar Rules of Professional Conduct, governing the special above-and-beyond ethical duties of prosecutors.
• Constantly evaluate and re-evaluate ongoing and changing developments and circumstances to maintain appropriate awareness to continue to exercise sound professional prosecutorial discretion and judgment in determining whether to engage and pursue charging, what case proceedings are appropriate lawfully and ethically, how to proceed with each charge and each case as law and ethics demand.
• Conduct legal research.
• Write legal briefs, motions, plea agreements, Court Orders, objections, and responses to pleadings.
• Research, write, and file responsive objections to petitions for appeal in cases appealed to the Virginia Court of Appeals and the Virginia Supreme Court.
• Prepare for court and court proceedings, and maintain preparations to ensure that case-related professional prosecutorial judgment calls are informed, sound, lawful, and ethical, by reviewing case materials to the point of mastery; identifying, articulating, and further researching as appropriate applicable law, including not just criminal-code statutes, constitutional law, interpretive law as to the elements of a charge and nuances that govern prosecuting proceedings involving such a charge; applying her specialized legal training, knowledge, and experience, as well as the values and priorities of the Commonwealth’s Attorney she serves, including dignity, kindness, and public service.
• Review, to the point of mastery, case files and case materials submitted by law enforcement agencies, witnesses, victims, and other parties so as to make informed decisions regarding the exercise of professional prosecutorial discretion and regarding case proceedings, ensuring that charges brought to court are supported by evidence that is admissible under applicable laws and rules and meets requisite burdens of proof, e.g., beyond a reasonable doubt at trial. This includes actively reviewing, analyzing, and taking further action upon (such as taking notes) law enforcement body camera video footage, dashboard camera video footage, and other recordings such as defendant interviews and child-victim forensic interview videos.
• Review and analyze all case file materials and evidence, including photographs, videos, forensic science certificates of analysis and lab reports, physical evidence, witness statements, and psychological evaluations where applicable.
• Review and analyze as necessary recorded jail telephone calls for investigation and impeachment purposes.
• Interview witnesses, victims, law enforcement officers, and others to gather information and clarify details of cases.
• Prepare witnesses, victims, law enforcement officers, and others to testify in court truthfully, clearly, and pursuant to legal requirements, including Rules of Evidence and Rules of Court.
• Assist witnesses, victims, law enforcement officers, and others in understanding the court process as well as legal boundaries, including elements of criminal statutes, evidentiary rules, and court protocols.
• Provide, and uphold legal and ethical responsibility and accountability for providing, to defendants and their attorneys, discovery materials pursuant to Rule 3A:11 of the Rules of the Supreme Court of Virginia, including warrants, reports, evidence, photographs, law enforcement officer body camera video footage, statements by defendants, scientific and forensic analyses, witnesses and summaries of expert witness testimonies, among other case materials. This includes abiding by certain legal restrictions on the dissemination of certain materials such as child pornography.
• Provide, and uphold legal and ethical responsibility and accountability for providing, defendants and their attorneys with any and all potential exculpatory information or impeachment materials in accordance with strict legal and ethical mandates such as those set forth in landmark cases like Brady, Giglio, and Kyles v. Whitley and interpreted by other constantly evolving legal and professional ethical standards.
• Work with defense attorneys to maintain civil, collegial, and professional relationships within the adversary system that is the judiciary; negotiating as adversaries and as professionals, thus fairly representing the Commonwealth in negotiations and adversarial proceedings while also building trust and proving trustworthiness and acting with integrity; representing the Commonwealth within the adversary system to negotiate with opposing parties, namely defense attorneys, about terms and agreements for plea agreements, sentencings, bail/bond terms, restitution, a defendant’s cooperation with prosecutors and law enforcement on related or unrelated matters, and countless other case circumstances.
• Prepare written plea agreements and sentencing guidelines materials, including competently calculating, for the parties and the Courts, recommended Virginia Sentencing Guidelines as governed by the Virginia Criminal Sentencing Commission.
• Apply mastery of case file materials, investigative and trial advocacy skills, and substantive and procedural legal and ethical mandates in representing the Commonwealth as prosecuting attorney in litigation in the above-listed courts, in proceedings including the conduct of trials, preliminary hearings, suppression hearings, other motions hearings, bail/bond hearings, sentencing hearings, probation violation and revocation hearings, psychological hearings, through stages such as opening statements and closing and rebuttal arguments; examination of witnesses on direct, cross, or redirect; presentation and admission of physical evidence and exhibits; making evidentiary and other objections; responding to evidentiary and other objections; and conducting jury voir dire.
• Advocate for the Commonwealth at sentencing hearings: Prepare and present appropriate evidence at sentencing hearings, including, as applicable Victim Impact Statements and/or Victim Impact Testimony. Review pre-sentence investigation reports for accuracy and to develop well-informed justice-seeking positions and recommendations to present to the Courts on behalf of the Commonwealth.
• Coordinate the imposition of restitution obligations as applicable and pursue enforcement of restitution obligations when violations occur. This includes representing the Commonwealth in show-cause proceedings to enforce restitution obligations.
• Represent the Commonwealth in addressing probation violations and enforcing terms and agreements of previously suspended sentences, including at court hearings on revocation proceedings, and in doing so, prepare and present appropriate evidence of violations and make sound, responsible, and lawful arguments and recommendations to Courts.
• Advise and assist law enforcement officers with investigations, charging decisions, and constitutional issues such as search, seizure, detention, arrest, custody, statements, interrogation, and due process.
• Advise, assist, and actively contribute as appropriate to law enforcement officers regarding search warrants, including their contents, standards, and motions to seal.
• Advise and assist law enforcement officers and courts with extraditions out-of-state.
• Prosecute asset forfeiture proceedings, including advice and approval to law enforcement agencies, preparing and filing pleadings with Courts, and representing the Commonwealth at forfeiture hearings.
• Consult and collaborate with the Court Services Unit regarding alternative punishment and rehabilitation in juvenile cases.
• Coordinate monthly Multi-Disciplinary Team meetings with social services, court services, child advocates, investigators, and others to implement and maintain protocols and policies for handling cases of child sexual assault and child abuse, ensuring pursuant to Virginia law that information is shared and that sensible and effective strategies drive the handling of these cases by the appropriate agencies and their agents.
• Prepare or coordinate the preparation of necessary forms and legal filings to facilitate all that is listed here, such as, for example, prepare or coordinate preparation of witness subpoenas.
• Maintain and promote productive working relationships with all other stakeholder agencies and agents.
• Maintain appropriate conduct and decorum in a variety of settings, including difficult circumstances, in and out of the courtroom.
• Maintain ongoing knowledge and mastery of new legal developments, including statutory changes, altered standards imposed in appellate case law, changes in the Rules of Evidence or Rules of the Supreme Court of Virginia, through means including Continuing Legal Education courses and hours as required by the Virginia State Bar to maintain licensure as an attorney.
• Supervise administrative support staff to ensure all office work satisfies the demanding standards imposed by applicable legal authorities, including the Virginia State Bar Rules of Professional Conduct, whereby the performance of all support staff working on behalf of attorneys must comport with the professional obligations of such attorneys.
• Performs related work as required.

Minimum Education and Experience Requirements

Requires a Juris Doctorate law degree from an accredited law school (following a Bachelors Degree from an accredited college or university) and admission to the Virginia State Bar allowing the practice of law in the Commonwealth of Virginia; maintaining active membership in the Virginia State Bar in good standing.

• Courtroom lighting and temperature can be strenuous.
• Late hours sometimes are unavoidable, particularly when court is in session and during and preparing for jury trials.

Special Certifications and Licenses

Requires the ability to practice law in the Commonwealth of Virginia, and possession of any other qualifications as prescribed by State Statute.

Job Details