The Midland County District Attorney’s Office has an opening for a Misdemeanor Prosecutor.
Prepares for and takes to trial assigned cases; performs new case intake and screening, including determining charging language, gathering evidence, conferring with witnesses and law enforcement officials, and preparing subpoenas; requests assistance from investigators assigned to cases; prepares for and attends arraignments, and pre-trial hearings, makes plea bargain offers to defendants; and, prepares paperwork required for court proceedings.
Essential Duties and Responsibilities
include the following. Other duties may be assigned.
- Appears at arraignments. Read charges and sentencing range. Make plea offers. Explain the sentence and possible ramifications. Read State’s recommendations.
- Handles all writ of habeas corpus for assigned cases. Contacts victims when necessary to discuss bail issues. Reviews criminal history and case file to determine State’s position on writ of habeas corpus.
- Handles all examining trials for assigned cases and appears in Justice of the Peace Court when necessary for the examining trial.
- Receives misdemeanor cases to be evaluated for prosecution including, but not limited to: reviews police reports, reviews physical evidence and crime scenes, watch videos of the offense, review the criminal history of the defendant, interview witnesses, request further investigation, if necessary.
- Drafts charging instruments and decides whether to file multiple cases or multiple counts and whether to enhance a defendant.
- Prepares cases for misdemeanor trial including, but not limited to: drafting plea offer letter, draft/file Motions required for trial, reviewing all evidence necessary for trial, responding to defensive pre-trial motions, subpoenaing witnesses, preparing witnesses for trial, multiple meetings with child victims of sexual assault, preparing exhibits and trial strategies, researching possible legal issues that may arise during trial, providing defense attorneys with all discovery required by law, preparing orders for the court on pretrial matters, such as suggested findings of fact and conclusions of law, preparing jury charge for guilt/innocence, preparing jury charge for punishment, and counsel and discuss cases with victims and witnesses.
- Attend pre-trial hearings including, but not limited to: first/final pre-trial hearings, Motions for discovery, Motions to Suppress, Subpoena witnesses, Review all evidence.
- Try criminal cases before judge or jury including, but not limited to: Voir Dire, direct and cross examination, Legal arguments, Interview jurors after trial.
- Refer cases for Pretrial Intervention and represent the State in non-compliance hearings.
- Assist felony attorneys with trial when available.
- Answer motions for new trial.
- Appeals, including, but not limited to: Reviewing court transcripts, Assessing all relevant legal issues, Conducting legal research, Preparing briefs and presenting oral arguments to the Court of Appeals.
- Assist police officers draft search warrants.
- Try mental issue cases including, but not limited to: Research competency/insanity issues, Restoration of competency hearings, Prepare all judgments, commitments and orders.
- Discuss cases with probation offices, Sign motions to revoke, Prosecute motions to revoke.
- Handle pleas and draft plea paperwork if necessary.
- Dismiss cases that do not meet the legal requirements.
- Work scheduled Jail Screening including, but not limited to: running criminal history and drivers license, reviewing complaints and affidavits for legal sufficiency, make bond recommendations, contact law enforcement when necessary. Sign up for weekend and holiday jail screening.
- The attorney is on-call to answer questions from law enforcement during their scheduled Jail Screening week. If the attorneys signs up for a weekend or holiday, they are on-call to answer questions from law enforcement.
- Prosecute fugitives arrested in Midland County and prepare extradition papers and interstate detainer papers.
- Prosecute bond forfeitures for a defendant’s failure to appear at any proceeding requiring his presence.
- Respond to citizen inquiries regarding legal issues and current cases.
- Represent the State in Protective Orders including, but not limited to: draft ex parte orders, handle Kick Out hearings, handle Final Protective Order hearings, attend docket call, subpoena witnesses, prepare exhibits, meet with victim/witnesses, and draft orders,
- Handle Compliance Review hearings including, but not limited to: review compliance with Protective order, alert Court to new violations, and alert Court to Respondant’s status with Project Adam and Court costs.
- Handle Motions to Enforce, review evidence, and subpoena witnesses.
- Serve on local boards.
- Serve on local coalitions.
- Attend yearly training to stay current on continuing legal educations hours.
- Attend local driving while intoxicated training.
- Participate in ride alongs with local law enforcement officers.
- Work effectively with staff members.
- Train legal interns.
This is a non-supervisory position.
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. In good standing with the State Bar of Texas. Speaking Spanish is helpful. Knowledge of Microsoft Office, Power Point, and general computer skills. Must have knowledge of online legal research.
Knowledge of relevant criminal and civil laws including statutes, rules of evidence, case law and appellate procedures, knowledge of the general principles of criminal case administration and methods of criminal justice practice; acquire knowledge of Midland County District Attorney’s office regulations, policies and procedures; acquire knowledge of the general methodologies and practices employed by Midland County law enforcement agencies.
Criminal law and procedure; constitutional law; prosecution of felony criminal cases; appellate procedure; legal research and writing; persuasive speaking techniques; and personal computers.
Skill and/or Ability
Perform legal research and writing; instruct others in the law and facts of a case; make convincing oral arguments; operate computers, especially to perform word processing functions; organize many details of cases; establish and implement legal office procedures; supervise personnel; communicate effectively, both in person and over the phone; and maintain effective working relationships with other prosecutors, defense attorneys, and judges; skill in reviewing and interpreting complex legal issues; skill in screening and preparing cases for presentation to a grand jury; skill in prosecuting felony cases; skill in preparing and presenting cases for appellate review; skill in managing a mixed criminal and caseload; skill in establishing and maintaining effective working relationships with supervisors, co-workers, other law enforcement agencies and the public.
Education and Experience
Juris Doctorate from an accredited law school. Preferably experience in prosecution, although it is not necessary.
Other Qualifications, Certificates, Licenses and Registrations
License to practice law in the State of Texas and in good standing with the State Bar of Texas. Speaking Spanish is helpful. Knowledge of Microsoft Office, Power Point, and general computer skills. Must have knowledge of online legal research.
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus.
The work environment characteristics described here are representative of those an employee encounters while performing essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee usually works in a normal office setting or in a courtroom setting. The employee must interview and prosecute criminals, and is occasionally exposed to health or physical hazards. The employee may “ride along” with various law enforcement agencies for training and education, and may be exposed to health or physical hazards.
The noise level is moderate.
Starting Salary: $85,264.47 per year plus county benefits. State Bar dues, TDCAA dues, and CLE also included.
Resumes may be e-mailed to:
Midland County District Attorney’s Office
Attn: Tim Flathers, 1st Assistant District Attorney