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Description
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The Deputy District Attorney performs a variety of professional legal and docket management functions to intake and prosecute felony offenses in the 18th Judicial District within the Domestic Violence unit.
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Duties
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(The following essential job functions and examples of duties are illustrative only and are not intended to be all inclusive; positions assigned to this class may not perform all of the duties listed.)
* Receives and reviews (for trial, case settlement, or dismissal purposes) felony criminal cases filed by local police agencies; analyzes supplementary case documentation to determine perceived provability/evidence of the elements of the crime initially charged and/or mitigating factors/evidence to support a dismissal; determines formal charges and directs the preparation of applicable documents required for filing with the court. Ensures that defense attorneys are provided discovery and notifies victim(s) in compliance with victim rights laws. Receives and responds to inquires from the general public and law enforcement on a variety of issues related to the criminal justice system. e.g. search and seizure, statutory elements of crimes, affidavits for search/arrest warrants, etc.
* Reviews defendant's criminal history and all factors relating to his ties to the community; appears at initial advisement(s) for the filing of charges and/or to advocate the setting of bond and/or to set a date for preliminary hearing; reviews case facts and supporting documentation to determine the witnesses required to be subpoenaed for the preliminary hearing; meets with victim(s) and filing detective to discuss plea negotiation considerations and communicates same to defense attorney; interviews or directs the interviewing of subpoenaed witnesses in preparation for their testimony; conducts direct examination of witnesses to establish for the Court that probable cause exists to believe that the defendant committed the crime(s) charged; presents oral argument to convince the Court that probable cause has been established and that the case should be bound over for trial.
* Appears at arraignment to continue plea negotiation process; provides defendant with the elements of the offense plead to and states factual basis which supports the offense for Court's acceptance of plea offered.
* Presents and advocates prosecution case at trial; interviews witnesses to ascertain their testimony; as applicable, conducts voir dire of jury candidates and accepts or excuses jurors in light of perceived positions relevant to the victim, defendant, crime charged, and/or facts of the case; prepares and presents opening statement to provide finder of fact with overview of case theory and supporting evidence; conducts direct and re-direct examination of prosecution witnesses to introduce physical and testimonial evidence to prove elements of crime(s) charged beyond a reasonable doubt within necessary foundations; offers objections to defense questions and statements to protect witnesses from abuse and/or to prevent introduction of irrelevant or inadmissible evidence; advocates prosecution position in response to defense objections and/or court rulings to preserve an appellate record; conducts cross-examination of defense witnesses to scrutinize and/or impeach their testimony; prepares jury instructions and advocates prosecution position to the defense and court to negotiate final version; prepares and presents closing and rebuttal arguments to review evidence and advocate for conviction.
* Researches and responds to a wide variety of defense motions, e.g. suppression of statements/evidence, motions in limine, request for sanctions for violation of procedural rules, etc. Researches, prepares, and presents motions on behalf of the people, e.g. amend charges, add charges, 404(b) similar transactions, child hearsay, motions in limine, etc. Researches, prepares, and presents briefs to the Court advocating the People's position regarding legal issues raised during motions practice.
* Acts in an on-call (after hours) capacity to respond to police inquiries regarding search and seizure, probable cause to arrest, non-testimonial identification items, and related legal issues; reviews affidavits for probable cause for arrest and search warrants; contacts on-call judge to arrange time for affiant to sign affidavit in judge's presence. May respond to crime scene as requested to offer suggestions to police regarding scope of investigation and preservation of evidence.
* Prepares limited correspondence in instances where out of court communication requires documentation, e.g. advising defense of exculpatory evidence, requests to filing detective for further investigation.
* Attends monthly training meetings; may prepare and present lectures to attorneys on a variety of legal issues related to felony prosecution. Attends annual CDAC conference to earn required CLE credits. Makes presentations to schools and community groups to explain the functional aspects of the legal system and/or current issues related to felony matters.
Skills, Abilities and Competencies:
* Considerable to extensive knowledge of the rules of criminal procedure and the rules of evidence; ability to effectively apply same in a preliminary hearing/trial setting related to felony offenses. Considerable knowledge of state statutes and general knowledge of substantive case law related to felony offenses. Ability to advocate and/or present legal/factual scenarios in a clear and persuasive manner to persons of highly varying legal, educational, and socio-economic backgrounds.
* Ability to effectively process and dispose of felony criminal case filings while maintaining a balance of equal justice between victims, the People of the State of Colorado, and affected defendants; ability to assess cases for strengths versus weaknesses and aggravators versus mitigators to determine just and ethical dispositions that are within policies promulgated by the District Attorney.
* Ability to react quickly and appropriately in court to defense objections, oral motions, court inquiries and rulings, and presentations/responses from defense attorneys and witnesses. Ability to write in a succinct and well-reasoned manner.
* Ability to establish and maintain effective working relationships with superiors, co-workers, defense attorneys, victims, judges, court staff, police officers, witnesses, related agencies' personnel, and the general public; ability to communicate effectively, both orally and in writing, with same.
Behavioral Competencies (these are required for all positions at ACG):
Accountability
Accessibility
Inclusivity
Integrity
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Requirements
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Education and Experience:
- Graduation from law school as provided under Rule 205.1 of the Colorado Rules of Civil Procedure.
- 2 - 3 + years litigation experience or 1 year County Court Deputy DA experience
- Licensed to practice law in the State of Colorado
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Supplemental Information
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Pre-Employment Additional Requirements:
- Must successfully pass pre-employment testing which includes an acceptable motor vehicle record (MVR) and background check.
- Possession of a valid Class "R" Colorado Driver's License or the ability to obtain one within two weeks of appointment.
- Security clearance required: will require fingerprinting and a Colorado Bureau of Investigation (CBI) background check
- Licensed to practice law in the State of Colorado
WORK ENVIRONMENT:
- Work is split between a standard office environment, attending court, responding to crime scenes, and meetings inside and outside of the office with law enforcement, victims, and witnesses in various settings.
PHYSICAL DEMANDS:
- Spends 60% of the time sitting and 40% of the time either upright or walking.
- Occasionally lifts, carries, pulls or pushes up to 30 lbs.
- Occasionally uses cart, dolly, or other equipment to carry in excess of 30 lbs.
- Occasionally climbs, stoops, kneels, balances, reaches, crawls and crouches while performing office or work duties.
- Verbal and auditory capacity enabling constant interpersonal communication through automated devices, such as telephones, radios, and similar; and in public meetings and personal interactions.
- Constant use of eye, hand and finger coordination enabling the use of automated office machinery or equipment.
- Visual capacity enabling constant use of computer or other work-related equipment.
Definitions:
Occasionally: Activity exists less than 1/3 of the time.
Frequently: Activity exists between 1/3 and 2/3 of the time.
Constantly: Activity exists more than 2/3 of the time.
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** In accordance with Senate Bill 23-058, applicants understand that Arapahoe County will not request or require the applicant to include their age, date of birth, or date of attendance/graduation date on the initial application. Applicants understand that Arapahoe County can request or require an individual to provide documentation including copies of certification, transcripts, and other materials created by a third party. The applicant understands that the applicant can redact, if they so choose, information that identifies age, date of birth, or dates of attendance/graduation from an educational institution on those requested/required certification, transcripts and other materials created by a third party. Toll Free Applicant Technical Support: If you experience technical difficulty with the NEOGOV system (i.e. uploading or attaching documents to your online application), call NEOGOV technical support at 855-524-5627. Helpful hints: if you are having difficulty uploading or attaching documents to your application, first, ensure your documents are PDF or Microsoft Word files, and second, close the document before you attempt uploading (attaching) it.
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