Assistant Prosecuting Attorney II – Lapeer County Prosecutor’s Office

Position Information

Agency Level: County

County: Lapeer

Agency: County Prosecutor’s Office

Job Title: Assistant Prosecuting Attorney II

Position: Full-Time

Open Until Filled

Job Description

Job Overview:

Under the supervision of the Prosecuting Attorney and the Chief Assistant Prosecuting Attorney, reviews and authorizes requests for warrants, determines the appropriate charge and prosecutes criminal cases. As an experienced Assistant Prosecutor, assumes responsibility for managing a caseload of misdemeanor and felony cases, as well as other matters as necessary. Attempts to resolve and dispose of criminal cases or tries cases in court. May be responsible for managing the Probate Court caseload of the office.

List of Responsibilities and Duties:

• Responsible for managing a caseload of misdemeanor and felony cases. May be assigned some of the more serious or sensitive felony matters.
• Reviews criminal warrant requests from State and local law enforcement agencies, analyzes police reports, collects input from the law enforcement officer[s], researches the law as necessary to determine applicable statutes, and determines whether adequate grounds exist to authorize a warrant. Determines the appropriate charge to be made.
• Researches and prepares criminal cases for trial, motion, sentencings and other proceedings. Includes the research of applicable law, interviewing victims and witnesses and investigating claims, developing trial strategies, and directing law enforcement officers in further investigations.
• Appears in court for arraignments, motions, trials, sentencing and other proceedings to represent the Prosecutor. Selects jury, presents arguments, examines and cross-examines witnesses, introduces physical exhibits, confers with Judge and defense counsel on points of law and procedure, and argues factual conclusions to a Judge or jury. Participates in settlement conferences.
• Attempts to resolve and dispose of pending criminal cases by conferring with attorneys, police agencies, and parties involved in order to reach agreement on pleas and potential sentences.
• Drafts motions, briefs and other legal documents on various issues involved in the prosecution of criminal cases.
• Initiates and responds to legal motions and evidentiary hearings in all misdemeanor and felony prosecutions.
• Serves as an appellate attorney for the office and engages in the legal analysis of appellate issues for all appeals, both criminal and administrative. Researches and writes legal briefs, answers and motions after reading the record and researching the law. Prepares and presents oral arguments in the Circuit Court, Michigan Court of Appeals, and the Michigan Supreme Court.
• Works cooperatively with law enforcement officers from various agencies to ensure investigation and reporting of assigned cases are accomplished in accordance with professional and judicial rules and standards. Provides advice and instruction to police agencies on criminal prosecutions, arrest procedures, search and seizure issues, probable cause issues, enforcement of court orders, liability issues, and various other issues.
• Manages a caseload of juvenile/probate matters including child abuse and neglect, juvenile delinquency, and mental commitment cases. Includes review of juvenile petitions, case research, investigation, victim/witness preparation, and presentation in court. Includes waivers of juveniles into the adult system and the representation of complainants in mental petitions.
• Provides legal advice to County Boards and Departments, including research and writing legal opinions regarding contracts, conflicts of interests, policy writing, ordinance writing, and various other legal issues.
• Researches the more difficult legal issues through the use of computer technology and local resources. Assists other Assistant Prosecutors resolve difficult legal questions and provides advice and feedback on possible options and procedures to pursue.
• Reviews requests for search warrants and authorizes warrants as appropriate.
• Serves in an on-call status to respond to requests for arrest and search warrants.

This list may not be inclusive of the total scope of job functions to be performed. Duties and responsibilities may be added, deleted or modified at any time.

Minimum Qualifications:

Education: Law degree from an accredited law school.

Experience: Two years as an Assistant Prosecutor.

Licensed to practice law in the State of Michigan. Basic Prosecutor training, Specialty training, and Felony Trial training offered by the Prosecuting Attorney’s Coordinating Council.

The qualifications listed above are intended to represent the minimum skills and experience levels associated with performing the duties and responsibilities contained in this job description. The qualifications should not be viewed as expressing absolute employment or promotional standards, but as general guidelines that should be considered along with other job-related selection or promotional criteria.

Additional Qualifications:

Physical Requirements [This job requires the ability to perform the essential functions contained in this description. These include, but are not limited to, the following requirements and working conditions. Reasonable accommodations will be made for otherwise qualified applicants unable to fulfill one or more of these requirements]:

Ability to access all courtrooms within the County. Ability to remove books and other reference materials from bookshelves and transport to worksite. Prolonged sitting and standing while in the courtroom. Ability to carry briefcase, files and legal volumes to courtrooms.

Additional Information:

Working Conditions:

Works in office and courtrooms. Exposure to individuals charged and/or convicted of a variety of criminal offenses.