Assistant Commonwealth's Attorney II/III

Under limited supervision, performs professional legal work prosecuting criminal suspects on behalf of the Commonwealth of Virginia. Work involves performing legal research in the preparation of criminal trials; prosecuting jury and non-jury trials in misdemeanor and the more complex felony criminal cases and/or negotiating settlements; and preparing Appellate Court and other legal briefs, as necessary. Employee is also responsible for providing legal advice and counsel to public officials, law enforcement officials, victims of crime and the general public. Employee must exercise considerable initiative and independent judgment in determining the proper course of action in a variety of legal cases and situations. Employee must also exercise tact, courtesy and discretion in frequent contact with crime victims, suspects, law enforcement and judicial officials, public officials, and the general public.  Reports to the Commonwealth's Attorney and/or a Deputy Commonwealth's Attorney.

To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. 

• Prepares misdemeanor and felony cases for trial, including, but not limited to, negotiating plea agreements, conferring with witnesses and law enforcement and performing legal research.
• Presents cases in court, argues appropriate motions, and recommends sentences to judicial personnel.
• Prepares legal briefs to the Virginia Court of Appeals and the Virginia Supreme Court.
• Provides legal advice and counsel to public officials, law enforcement and the general public.
• Screens cases for prosecution.
• Represents the Commonwealth of Virginia in drug asset forfeiture proceedings.
• Represents the Commonwealth of Virginia in petitions for the restoration of drivers' licenses.
• Prosecutes cases in other jurisdictions as a special prosecutor when those jurisdictions have a conflict of interest that prevents their office from prosecuting a case.
• Conducts preliminary hearings, bench trials, jury trials, sentencing hearings, and revocation hearings.
• Meets with witnesses and crime victims to prepare for trial.
• Conducts preliminary and transfer hearings, as necessary.
• May be responsible for writing the VSTOP Domestic Violence grant and preparing quarterly and final reports.
• May facilitate local domestic violence task force meetings and attend regional task force meetings; may act as member of VSTOP State Team board and attend quarterly meetings; and police officer training.
• Performs legal research and prepares memorandums of law pertaining to assigned criminal cases.
• Synthesizes and integrates analysis of data or information to discover facts and develop knowledge or interpretations; changes policies, procedures, or methodologies based on new facts, knowledge or interpretations.
• Negotiates, exchanging ideas, information and opinions, with others to formulate policy and programs or arrive jointly at decisions, conclusions, or solutions.
• Interprets policy as legal counsel and responsible for achieving major economies or preventing major losses.
• Participates in office outreach endeavors.
• Performs other related duties as required.

 Knowledge, Skills & Abilities
•    Knowledge of the proceedings, practices, policies, rules and regulations of the practice of criminal law and trial preparation.
•    Knowledge of all Commonwealth and local laws, codes and ordinances pertaining to the specific duties and responsibilities of the position.
•    Knowledge of legal research and investigation methodology, and is able to perform comprehensive legal research.
•    Knowledge of the structure and operation of the judicial system.
•    Knowledge of statutory provisions applying to rules of order.
•    Knowledge of judicial procedure and rules of evidence.
•    Knowledge of the current literature, trends and developments in the field of criminal law, including court decisions and pertinent legislation.
•    Knowledge of the use of the National Crime Information Center computer system.
•    Skilled in legal writing and public speaking.
•    Ability to effectively interview criminal suspects, crime victims, witnesses, and law enforcement officials.
•    Ability to use common office machinery.
•    Ability to interpret and apply laws and court decisions, and to use legal source material in technical research.
•    Ability to prepare and maintain complex legal records. Is able to exercise considerable initiative and independent judgment in all phases of work.
•    Ability to exercise tact, courtesy, firmness and discretion in frequent contact with criminal suspects, crime victims, court and law enforcement officials, and the general public.
•    Ability to establish and maintain effective working relationships as necessitated by work assignments.
•    Ability to compare and/or judge the readily observable, functional, structural, or compositional characteristics (whether similar to or divergent from obvious standards) of data, people or things.
•    Ability of speaking and/or signaling people to convey or exchange information.  Includes receiving assignments and/or directions from superiors.
•    Ability to read a variety of informational documents journals, legal documents, drug analyses, criminal records, docket sheets, police reports, criminal histories, incident reports, driving records, laboratory reports, medical records, warrants, State Police reports, computer printouts, schematics, pre-trial motions, and various other court reports and records.  Requires the ability to prepare complaints, motions, summons, orders, subpoenas, correspondence, petitions, trial dockets, action sheets, indictments, trial rosters, plea agreements, and warrants, using prescribed format and conforming to all rules of punctuation, grammar, diction and style. Must be able to speak before an audience with poise, voice control and confidence.
•    Ability to apply principles of logical or scientific thinking to a wide range of intellectual and practical problems; to deal with nonverbal symbolism in its most difficult phases; to deal with a variety of abstract and concrete variables; to comprehend the most abstruse classes of concepts.
•    Ability to record and deliver information, to explain procedures, to follow oral and written instructions.  Must be able to use and interpret criminal law terminology.
•    Ability to utilize mathematical formulas; to add and subtract totals; to multiply and divide; and to determine percentages and decimals.  Must be able to use practical applications of fractions, percentages, and ratio and proportion.
•    Ability to inspect items for proper length, width and shape.
•    Ability to make major decisions affecting a segment of the organization and the general public; works in a dynamic environment.

Performance Evaluation Criteria
•    Quality of Work
•    Quantity of Work
•    Dependability
•    Attendance
•    Initiative and Enthusiasm
•    Judgment
•    Cooperation
•    Relationships
•    Coordination of Work
•    Safety

Physical Requirements
Light to medium work that involves walking or standing virtually all of the time and also involves exerting between 20 and 50 pounds of force on a regular and recurring basis; or considerable skill, adeptness and speed in the use of the fingers, hands or limbs in tasks involving close tolerance or limits of accuracy. Must be physically able to operate a variety of automated office machines which includes a copier, telephone, facsimile machine, etc.  Must be able to exert a minimal amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects.  Sedentary work involves sitting most of the time, but may involve walking or standing for periods of time. Requires the ability to coordinate hands and eyes rapidly and accurately in using automated office equipment. Requires the ability to handle a variety of items, office equipment, control knobs, switches, etc.  Must have minimal levels of eye/hand/foot coordination. Requires the ability to differentiate between colors and shades of color. Requires the ability to deal with people beyond giving and receiving instructions. Must be adaptable to performing under minimal levels of stress when confronted with an emergency. Requires the ability to talk and/or hear: (talking: expressing or exchanging ideas by means of spoken words; hearing - perceiving nature of sounds by ear).

FLSA Status
Exempt