How to Become a Criminal Prosecutor
Most criminal prosecutors earn a bachelor’s degree, a J.D. from an ABA-approved law school, and a law license from the state where they’ll practice, then get hired by a prosecutor’s office. New prosecutors usually start as assistant or deputy district attorneys. Federal offices hire some new graduates, but most hire lawyers with experience.
Prosecutors represent the government in criminal cases. They decide what charges to file, negotiate plea deals, and try cases in court. The trial experience you build as a prosecutor also carries over to other types of law career paths.
What Does a Criminal Prosecutor Do?
A prosecutor represents the public, not a private client. You review police reports and evidence, decide whether to file charges, and carry the case through hearings, plea talks, and trial. The government has to prove guilt beyond a reasonable doubt. Your job is to build a case that meets that standard or decline it if it can’t.
Prosecutors also have ethical duties other lawyers don’t. Each state adopts its own rules of professional conduct, and most follow ABA Model Rule 3.8, a model rule that isn’t binding until a state adopts it. It says a prosecutor shouldn’t pursue a charge they know isn’t supported by probable cause and should disclose evidence that tends to negate the defendant’s guilt. The duty to disclose favorable evidence also comes from the Constitution. In Brady v. Maryland (1963), the U.S. Supreme Court held that suppressing material evidence favorable to the defendant violates due process. Confirm the rules that apply where you’ll practice with your state bar.
It’s a big field. The Bureau of Justice Statistics (BJS) counted 2,347 state prosecutor offices employing 35,120 attorneys in its 2020 National Survey of Prosecutors, published in November 2024. That count covers offices handling felonies in state courts. It leaves out federal, tribal, and municipal prosecutors.
How Prosecutors Build and Resolve Cases
Police investigations are only the starting point. Prosecutors work with detectives and office investigators to fill gaps, interview witnesses, and tie the evidence to each element of the charge. You’ll also draft charging documents, argue motions, and issue subpoenas for witnesses and records.
Most cases end in a plea, not a trial. In fiscal year 2022, 89.5% of the 71,954 defendants in federal criminal cases pleaded guilty and only about 2% went to trial, according to a Pew Research Center analysis of federal judiciary data published in June 2023. In state courts, BJS found that 67% of felony matters concluded by state prosecutor offices in 2020 were resolved through a plea bargain.
That makes negotiation a core skill. A defense lawyer won’t advise a plea unless your case looks strong enough to win at trial. Trial preparation still drives the outcome.
Steps to Become a Criminal Prosecutor
Step 1: Earn a Bachelor’s Degree
Law schools don’t require a specific major. Courses in criminal justice, psychology, writing, and public speaking can help with witness interviews, jury selection, and courtroom work. Check each law school’s admission test and application requirements.
Step 2: Earn a J.D.
Most prosecutors graduate from an ABA-approved law school, since every state accepts that degree for bar admission. A few states also admit graduates of state-accredited law schools or applicants who complete a law office study program, so check your state’s rules before you pick a school. Take criminal law, criminal procedure, evidence, and trial advocacy. A prosecution clinic or an externship with a district attorney’s office gives you supervised courtroom experience. If you want to work in a specific office, try to intern there. You’ll learn its procedures and meet the people who hire.
Step 3: Pass the Bar Exam and Get Licensed
Each state’s bar admission agency sets its own licensing rules. Most require a bar exam, a passing score on the Multistate Professional Responsibility Exam (MPRE), and a character and fitness review, which checks your background and conduct. There are exceptions. The National Conference of Bar Examiners (NCBE) says Wisconsin and Puerto Rico don’t require the MPRE, and Connecticut and New Jersey accept a passing grade in a law school professional responsibility course instead. Wisconsin also admits graduates of its two law schools without a bar exam through diploma privilege.
Many states use the Uniform Bar Exam, but not all of them do. NCBE’s new NextGen bar exam was first given in ten jurisdictions in July 2026. Other jurisdictions have announced plans to switch by July 2028. Confirm current requirements and test dates with the bar admission agency where you plan to work.
Step 4: Apply to Prosecutors’ Offices
County district attorneys and state attorney general offices hire assistant or deputy prosecutors directly. Many recruit law students in their final year.
Federal hiring works differently. The U.S. Department of Justice says its Attorney General’s Honors Program is the only way it hires graduating law students. Honors positions are spread across DOJ, and only a limited number of U.S. Attorneys’ Offices take part each year. Most Assistant U.S. Attorney jobs are posted as experienced-attorney positions. DOJ’s general rule for those is at least one year of post-J.D. experience, and many offices ask for three years or more. Law students can also apply for DOJ’s Summer Law Intern Program or volunteer internships, many of them with U.S. Attorneys’ Offices.
Where Prosecutors Work
Prosecutors work at every level of government. An elected or appointed official leads each office. Assistant or deputy prosecutors handle most of the daily casework.
- Local: County district attorneys or state’s attorneys usually handle felonies. In some places, city prosecutors handle only misdemeanors and ordinance violations.
- State: Attorney general offices may prosecute certain statewide crimes, depending on state law.
- Federal: The 94 U.S. Attorneys’ Offices handle most federal prosecutions. DOJ divisions in Washington handle some cases too.
Federal district courts received 73,644 criminal defendant filings in the 12 months ending March 31, 2025, according to U.S. Courts. State courts handle far more. The National Center for State Courts’ Court Statistics Project estimated 15.6 million incoming criminal cases in state courts in 2022.
Larger offices often have units for homicide, gangs, drugs, juvenile cases, and fraud. Know which cases you want to handle before you apply. Prosecution can also lead to elected office. A 2017 Prison Policy Initiative analysis found that 38% of state attorneys general in office between 2007 and 2017 had prosecutorial backgrounds.
Skills That Help Prosecutors
These skills come up in almost every case:
- Trial skills, including witness examination and jury selection
- Negotiation for plea agreements
- Clear legal writing for motions and briefs
- Knowledge of police procedure and search and seizure rules
- An understanding of how criminal defense lawyers build their arguments
Board Certification in Criminal Law
You don’t need certification to work as a prosecutor. It’s a voluntary credential for experienced trial lawyers, and NBTA’s own standards say no lawyer has to hold it to practice criminal law. The National Board of Trial Advocacy (NBTA) offers an ABA-accredited Criminal Trial Law certification. The ABA has also accredited the National College for DUI Defense, which certifies lawyers in the narrower field of DUI defense.
NBTA’s Criminal Trial Law standards (revised May 2024) include:
- Good standing and five years practicing criminal law right before you apply
- At least 30% of your time in criminal trial law during the three years before you apply
- At least 30 days of jury trial over your career, including serving as lead counsel in at least five jury cases
- 75 additional contested matters, such as evidentiary hearings, sentencing hearings, and motions
- At least 45 hours of criminal trial continuing legal education (CLE) in the prior three years
- Ten to 12 references, including at least three judges and three lawyers who know your trial work
- Three legal writing documents and a written exam
NBTA accepts the criminal trial exams given by Florida, New Jersey, and Texas in place of its own. Members of The Florida Bar have to hold the Florida Bar’s criminal trial certification before they apply. Whether you can advertise an NBTA certification depends on your state, and Florida, South Carolina, and Ohio require more CLE hours to do it. Check NBTA’s state guide and your state’s lawyer advertising rules.
Some states run their own certification programs in criminal law:
- State Bar of Arizona Board of Legal Specialization: Criminal Law
- The State Bar of California: Criminal Law
- The Florida Bar: Criminal Trial Law and Criminal Appellate Law
- New Jersey Supreme Court Board on Attorney Certification: Criminal Trial Law
- North Carolina State Bar Board of Legal Specialization: Criminal Law, with state, federal, and juvenile delinquency subspecialties
- Texas Board of Legal Specialization: Criminal Law and Criminal Appellate Law
Other states approve outside certifying organizations instead of running their own. Minnesota’s State Board of Legal Certification accredits agencies, including the Minnesota State Bar Association, which has certified Criminal Law specialists since 2009, and NBTA. In South Carolina, the Supreme Court’s Commission on CLE and Specialization approves outside programs, including criminal trial advocacy.
Prosecutor Salary and Job Outlook
BLS doesn’t track prosecutors as a separate occupation. It counts them with all lawyers. The median annual wage for lawyers was $159,670 in May 2025, according to BLS. The mean was $185,840. Public offices set their own pay scales, which vary by level of government and location.
BLS projects employment of lawyers to grow 5% from 2025 to 2035, faster than the average for all occupations. It expects about 28,700 openings a year over that decade.
Frequently Asked Questions
How long does it take to become a prosecutor?
BLS says it usually takes seven years of full-time study after high school to become a lawyer: four years of college and three years of law school. Then you’ll need to pass the bar exam and get hired.
Do prosecutors need a special certification?
No. You need a law license from the state where you’ll practice, which for most prosecutors means a J.D. from an ABA-approved law school and a passed bar exam. Board certification from NBTA or a state program is voluntary and requires years of trial experience.
How do you become a federal prosecutor?
Federal prosecutors are Assistant U.S. Attorneys. DOJ hires graduating law students only through its Honors Program, but most Assistant U.S. Attorney openings call for at least one to three years of legal experience. Federal law (28 U.S.C. 545) generally requires Assistant U.S. Attorneys to live in their district or within 25 miles of it, with limited exceptions.
How much do prosecutors make?
BLS doesn’t report prosecutor pay separately. Lawyers overall earned a median of $159,670 in May 2025. Pay in public offices varies by level of government and location, so check each office’s posted pay scale.
Do most criminal cases go to trial?
No. Pew Research Center found that about 2% of federal criminal defendants went to trial in fiscal year 2022. BJS found that 67% of state felony matters concluded in 2020 ended in a plea bargain.
- Most prosecutors earn a bachelor’s degree and a J.D. from an ABA-approved law school, then meet their state’s bar admission requirements.
- Local and state offices hire new lawyers directly. DOJ hires graduating law students through its Honors Program, but most federal prosecutors are hired with experience.
- Most criminal cases end in pleas, so negotiation matters as much as trial skill.
- Board certification is optional and comes after years of trial work.
- BLS reports a May 2025 median wage of $159,670 for all lawyers, not prosecutors specifically.
2025 US Bureau of Labor Statistics salary figures for Lawyers. Figures reflect state and national data, not school-specific information. Conditions in your area may vary. Data accessed November 2026. National job outlook figures (2025-2035) are from the BLS Occupational Outlook Handbook.
Most prosecutors earn a J.D. from an ABA-approved law school and meet the applicable bar admission requirements. Compare the programs listed on this page to find one that fits your schedule and budget.
