U.S. Attorneys prosecute federal crimes, not state or local ones

A U.S. Attorney's Office is a federal prosecution agency run by the Department of Justice. There is one in each of the 93 federal judicial districts across the country. U.S. Attorneys and their staff prosecute people accused of breaking federal law — crimes like bank robbery, drug trafficking across state lines, mail fraud, immigration violations, and civil rights offenses. They do not handle state crimes, which is what a district attorney does.

The head of each office is the U.S. Attorney, a political appointee nominated by the President and confirmed by the Senate. That person serves a four-year term and can be removed by the President. Below the U.S. Attorney are Assistant U.S. Attorneys (AUSAs), who are the actual prosecutors handling cases day to day. The number of AUSAs in each office varies widely — a small rural district might have 10 to 15, while the Southern District of New York has over 200.

U.S. Attorneys also handle civil cases on behalf of the federal government: defending federal agencies in lawsuits, collecting debts owed to the government, and suing to enforce federal law. They work closely with federal law enforcement agencies like the FBI, DEA, ATF, and Secret Service.

Key Takeaways

  • U.S. Attorneys prosecute federal crimes only, not state crimes or local ordinance violations.
  • Each of the 93 federal districts has its own U.S. Attorney's Office, and you can find yours by searching the Department of Justice website by state and district.
  • If you are charged with a federal crime, your case will be handled by an Assistant U.S. Attorney in the district where the crime occurred or where you were arrested.
  • U.S. Attorneys also defend federal agencies in civil lawsuits and handle debt collection on behalf of the federal government.
  • The U.S. Attorney for your district is a political appointee who changes when a new President takes office.

How federal crimes end up in a U.S. Attorney's Office

A federal crime is one that violates a law passed by Congress and enforced by a federal agency. Common examples include counterfeiting, tax evasion, kidnapping across state lines, drug trafficking involving interstate commerce, and fraud involving federal programs like Medicare or Social Security. State crimes — murder, assault, theft, drunk driving — stay in state court and are prosecuted by district attorneys or state prosecutors.

When someone is arrested for a federal crime, the case goes to the U.S. Attorney's Office in the district where the crime occurred. A federal agent (FBI, DEA, ATF, or another agency) investigates and then refers the case to the U.S. Attorney's Office. An Assistant U.S. Attorney reviews the evidence and decides whether to prosecute. If the case goes forward, the AUSA represents the United States in federal court.

The line between state and federal is not always obvious. A robbery can be either state or federal depending on whether it involved a bank (federal) or a store (state). A drug case can be either depending on whether it crossed state lines and involved federal charges. When both state and federal charges are possible, federal prosecutors sometimes take the case and sometimes let the state handle it.

The structure of a U.S. Attorney's Office

Each office is organized into sections, usually by type of crime. A large office might have a Criminal Division, Civil Division, Appellate Section, and specialized units for organized crime, white-collar crime, or terrorism. A smaller office might combine some of these. All offices have at least one AUSA who handles criminal cases and at least one who handles civil cases.

The U.S. Attorney sits at the top and sets priorities for the office. Those priorities often reflect the current administration's focus — one administration might prioritize immigration enforcement, another might focus on organized crime or cybercrime. The priorities also reflect local conditions: an office in a border state might focus heavily on drug trafficking and immigration, while an office in a major financial center might focus on securities fraud and money laundering.

Assistant U.S. Attorneys are career federal employees (unlike the U.S. Attorney, who is political). They typically have law degrees and prior legal experience. Many stay in their positions for years or decades, providing continuity even as U.S. Attorneys change with each new administration.

Finding your district's U.S. Attorney's Office

The Department of Justice maintains a directory of all 93 U.S. Attorneys' Offices on its website. You can search by state to find the office that covers your area. Each office has a main phone number, a mailing address, and usually a website with contact information for different sections.

The office that has jurisdiction over your case is the one in the district where the crime occurred, not necessarily where you live. If you were arrested in one district but the crime happened in another, the case will be prosecuted in the district where the crime took place. If you need to know which district covers a particular location, the DOJ directory shows the geographic boundaries of each district.

Most U.S. Attorneys' Offices do not take walk-in visitors or phone calls from the public about pending cases. If you are a defendant or witness in a federal case, you communicate through your attorney or the victim services coordinator. If you have information about a federal crime, you can contact the FBI or the relevant federal agency directly.

The difference between U.S. Attorneys and other federal prosecutors

U.S. Attorneys are not the only federal prosecutors. The Department of Justice also includes the Criminal Division and other sections at DOJ headquarters in Washington, D.C., which handle certain high-profile or complex cases. Some federal agencies have their own prosecutors — the EPA has prosecutors who handle environmental crimes, the Social Security Administration has investigators who work with U.S. Attorneys on fraud cases.

But for most federal criminal prosecutions, the U.S. Attorney's Office in your district is the agency that brings charges and tries the case. The U.S. Attorney's Office is also different from the state attorney general's office, which prosecutes state crimes and handles civil matters for the state government.

What happens if you are contacted by a U.S. Attorney's Office

If you receive a letter, phone call, or subpoena from a U.S. Attorney's Office, it usually means one of three things: you are a witness in a federal investigation, you are a target of an investigation, or you owe money to the federal government. Do not ignore it.

If you are a witness, the office will ask you to provide information or testify. If you are a target, you have the right to an attorney. If you cannot afford one, you can request a public defender. If you owe money to the federal government — back taxes, a student loan in default, a judgment against you — the U.S. Attorney's Office may contact you to collect it or may file a lawsuit.

In any case, do not communicate directly with the U.S. Attorney's Office without an attorney present. If you are a defendant or target, your attorney should handle all communication. If you are a witness and do not have an attorney, you can still speak to the office, but you have the right to have an attorney present.

Frequently Asked Questions

Is a U.S. Attorney the same as a district attorney?

No. A district attorney prosecutes state crimes in state court. A U.S. Attorney prosecutes federal crimes in federal court. They work in separate systems and handle different types of cases. Your state has a district attorney; your federal district has a U.S. Attorney.

Can a U.S. Attorney prosecute me for a state crime?

No, not unless the state crime also violates federal law. For example, if you commit assault in your state, that is a state crime and will be prosecuted by the district attorney. If you commit assault on federal property or against a federal officer, that becomes a federal crime and can be prosecuted by the U.S. Attorney.

How do I learn about there is a federal investigation involving me?

You will usually find out through a subpoena, a letter, a phone call, or an arrest. If you suspect you are under investigation, you should contact an attorney when ready. An attorney can make inquiries on your behalf and advise you on your rights. Do not contact the U.S. Attorney's Office directly without legal representation.

What if I want to report a federal crime?

Contact the FBI, the relevant federal agency (DEA for drugs, ATF for firearms, Secret Service for counterfeiting), or the U.S. Attorney's Office tip line in your district. The DOJ website lists contact information for each office. You can also contact the FBI's Internet Crime Complaint Center if the crime involves the internet or fraud.

Can I sue a U.S. Attorney?

U.S. Attorneys and Assistant U.S. Attorneys have prosecutorial immunity, which means they cannot be sued for decisions made in their prosecutorial role. However, you may be able to appeal a conviction, challenge evidence, or file a complaint with the Office of Inspector General if you believe misconduct occurred.