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Assistant Commonwealth Attorney II

Job in Fairfax, Fairfax County, Virginia, 22032, USA
Listing for: Fairfax County Government
Full Time position
Listed on 2026-03-05
Job specializations:
  • Law/Legal
    Legal Counsel, Lawyer
Job Description & How to Apply Below
Job Announcement

This is an exciting time to join the Fairfax Commonwealth's Attorney's Office, as the office embarks on an ambitious criminal justice reform agenda aimed at mitigating mass incarceration while maintaining Fairfax County's track record as the safest community of its size in the nation. After taking office in January 2020, Commonwealth's Attorney Steve Descano's initiatives have included restructuring the office to produce accountability around reform, ending the practice of prosecutors requesting cash bail, and launching a dedicated Red Flag Team, among others.

The office seeks team members who are passionate about justice reform and public service to continue delivering on CA Descano's commitment to build a more fair and just legal system in Fairfax County.

Position Summary
The Assistant Commonwealth Attorney II represents the Commonwealth of Virginia when there have been violations of criminal law. The ACA II will be assigned the prosecution of traffic, misdemeanor and felony criminal cases across Fairfax County's three courts (General District Court, Juvenile and Domestic Relations Court, and Circuit Court).

Common case assignments include larceny, DUI, assault, and drug possession. Cases are assigned based on the level of experience, and the ACA II will have the ability to take on more serious and complex cases (homicide, robbery, abduction, fraud, and sex cases) as their knowledge and skills develop.

The ACA II will be in trial court on most days. Duties include preparing arguments for court; conducting legal research; writing motions; and consulting with officers, victims, and witnesses in advance. Paralegals and administrative staff assist in the preparation of dockets.

The ideal candidate will be organized, flexible, and have a strong sense of justice. They will also be able to make decisions under pressure.

HOW TO APPLY:
Interested applicants should submit a resume directly to Laura Birnbaum nbaum.


Note: This job advertisement is open until the closing date OR until the position is filled and may close prior to the advertised closing date. Interested applicants are advised to submit their resume as soon as possible. Resumes will be reviewed, and qualified applicants will be interviewed on a continuous basis. Interviews may be conducted on a regular basis throughout the recruitment with candidates whose qualifications best fit our needs.

If your resume is received later in the recruitment process, it may not be reviewed or considered. The resume review process will close when the position(s) has been filled or when a sufficient number of qualified candidates have been reviewed.

Illustrative Duties

Represents the Commonwealth of Virginia in prosecutions of violations of criminal law;
Appears in General District Court and Juvenile and Domestic Relations Court to prosecute criminal misdemeanors and traffic offenses;
Appears in Circuit Court to prosecute the appeal of misdemeanor offenses in jury and bench trials;
Appears in Circuit Court to prosecute felony offenses in jury and bench trials;
Conducts legal research and writes memoranda regarding updates in the law and new issues arising in the prosecution of certain laws;
Assists higher level attorneys with legal research and writing on constitutional motions and appeal briefs;
Drafts correspondence on legal matters;
Advises County and State law enforcement officials concerning the investigation of criminal violations and trial preparation;
Reviews search warrants, affidavits and court orders submitted by law enforcement for the obtaining of evidence related to criminal cases;
Advises citizens of Fairfax County on issues relating to criminal law violations in the community and court procedure.

Required Knowledge

Skills and Abilities

Knowledge of the principles of law and their application;
Knowledge of trial procedure and the rules of evidence;
Knowledge of legal research methods;
Ability to learn the criminal laws under the Code of Virginia and Fairfax County Code and the court decisions affecting the prosecution of those laws;
Ability to present statements of fact, law and argument clearly and logically;
Ability to interview victims,…

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