Assistant Prosecuting Attorney II

Job Description

Job Description

General Summary:

The Assistant Prosecuting Attorney II represents the People of the State of Michigan on behalf of the Prosecuting Attorney in civil proceedings, administrative hearings, and criminal proceedings; and prosecutes cases in both District and Circuit Court. Reviews and authorizes requests for felony and misdemeanor warrants; Personal Protection Order (PPO) violations; and determines the appropriate charges or disposition. Coordinates with law enforcement regarding preparation and presentation for trial; attempts to resolve and dispose of criminal cases; meets with witnesses and victims; tries cases in court; and provides legal advice to staff including regarding discovery and FOIA. May assist with the Probate Court, abuse/neglect, or child support caseload as needed; reviews petitions to set aside criminal convictions and for post-judgment relief and appears at hearings.

Essential Functions:

• Evaluates felony and misdemeanor warrant requests from local, state, and federal law enforcement agencies. Analyzes police reports and digital evidence, and researches applicable statutes to determine if grounds exist for a warrant. Authorizes appropriate charges for offenses, including all misdemeanors; property, drug, financial, and other nonviolent felonies; and may be assigned other felony cases including criminal sexual conduct violent crimes against persons.

• Researches and prepares criminal cases for trial, motions, sentencing, and other proceedings. Conducts legal research using approved, verified sources and databases to investigate applicable law and updated cases; interviews and prepares victims and potential witnesses; and assures compliance with the Michigan Crime Victims’ Rights Act (MCVRA). Develop trial strategies and coordinates with law enforcement officers for further investigations and follow up.

• Initiates and responds to legal motions and evidentiary hearings by drafting motions, briefs, and other legal documents and arguing these points in misdemeanor and felony criminal cases.

• Appears in Circuit and District Court for setting of initial bond, arraignments, preliminary examination conferences, preliminary examination hearings, motions, trials, sentencing, and parole or probation violation hearings. Participates in settlement conferences 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. Attempts to resolve and dispose of pending criminal cases by conferring with attorneys and involved parties to reach agreement on pleas and sentencing recommendations.

• 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 and may provide advice and instruction to police agencies.

• Assists professional staff in effective case management procedures, advises on case development, and serves as a mentor on legal matters.

• Maintains professional competence and ensures up-to-date legal knowledge by attending Continuing Legal Education (CLE) training relevant to current laws and legal practices.

• Serves as backup to the Chief Assistant Prosecuting Attorney, ensuring seamless coverage of critical legal responsibilities. Handles a diverse caseload in their absence, representing the County in abuse/neglect cases, juvenile hearings, and mental hearings. Manages child support matters and presides over abuse and neglect trials, stepping in as needed to maintain continuity of operations.

• Assists the Prosecuting Attorney by representing her on various boards and organizations.

• Serves in an on-call status to respond to requests for arrest and search warrants and answer any legal questions as needed outside of standard office hours.

An employee in this position may be called upon to do any or all of the above tasks. (These examples do not include all of the tasks which the employees may be expected to perform.)