A Prosecuting Attorney is an attorney at law elected by the public for the prosecution of persons accused of crimes and represents the state and county in matters, both civil and criminal, in which the state and county are concerned; the Prosecutor is a public officer belonging to the judicial department.
The Office of the Prosecuting Attorney is a constitutional one with duties are prescribed by law. The statutes provide that prosecuting attorneys have the duties, in their respective counties, of appearing for the state or county and prosecuting or defending in all prosecutions, suits, applications, and motions, whether civil or criminal, in which the state or county may be a party or interested.
In the prosecution of criminal cases, the Prosecuting Attorney is required to issue a warrant if he/she is convinced after presentation of evidence that criminal prosecution should be undertaken. The Prosecutor is then required to appear for the people in the appropriate court to handle the case as it comes up for court action.