What does the Prosecuting Attorney do?

The Prosecuting Attorney is the chief law enforcement officer of the county and lawyer for the people elected by the people. The PA is elected for a 4-year term and is a full-time position. Outside employment is prohibited in Mason County. He must be admitted to practice law in West Virginia by the term’s begin date.

The Prosecutor appoints his Assistant Prosecutors. This office’s main responsibility is to prosecute all crimes committed within Mason County, both misdemeanors and felonies. The PA works with law enforcement officers during an investigation of all criminal cases and other law violations. He determines if criminal charges should be filed, as well as plea negotiations, pre-trial hearings, trials, sentencing hearings, and appeals. The PA’s office acts as legal advisor to the County Commission and other county officials by preparing contracts and other documents.

This Prosecutor has areas of responsibility in both criminal and civil cases and from time to time files civil suits for county agencies and/or defends county agencies in civil actions. The Prosecuting Attorney tries cases before magistrate and circuit judges; presents information to the Grand Jury for indictment of persons in connection with criminal activity; represents the Department of Health and Human Resources in child abuse and neglect cases; and represents the State in juvenile delinquency cases. This office may also be called upon to assist the West Virginia Attorney General in state legal actions within Mason County. The Prosecuting Attorney’s Office must be kept open during elections and be available to advise election officials and/or answer questions from the general public.