Assistant Commonwealth Attorney III
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Assistant Commonwealth Attorney III
Salary
$93,072.72 - $155,120.58 Annually
Location
FAIRFAX (FJ16), VA
Job Type
FT Salary W BN
Job Number
26-00120
Department
Commonwealths Attorney
Opening Date
01/17/2026
Closing Date
2/13/2026 11:59 PM Eastern
Pay Grade
S31
Posting Type
Open to General Public
Description
Benefits
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 III represents the Commonwealth of Virginia when there have been violations of criminal law. The ACA III 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 III 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 III 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 and advise more junior attorneys where appropriate.
HOW TO APPLY: Interested applicants should submit a resume directly to Laura Birnbaum at Laura.Birnbaum@fairfaxcounty.gov.
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 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 composes briefs in opposition to constitutional motions and petitions for appeal;
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 criminal law; including trial practice, motion practice, and appellate practice;
Knowledge of the criminal laws under the Code of Virginia and Fairfax County Code and the court decisions affecting the prosecution of those laws;
Knowledge of legal research methods;
Ability to effectively and efficiently prosecute felony cases;
Ability to present statements of fact, law and argument clearly and logically;
Ability to interview victims, witnesses and law enforcement to obtain the necessary information to prosecute criminal cases;
Ability to maintain an effective working relations hip with associates, law enforcement officials, the judiciary and the general public.
Employment Standards
MINIMUM QUALIFICATIONS:
Must be an active member in good standing of the Virginia State Bar.
Any combination of education, experience, and training equivalent to the following: (https://www.fairfaxcounty.gov/hr/equivalencies-education-and-experience) (Click on the aforementioned link to learn how Fairfax County interprets equivalencies for "Any combination, experience, and training equivalent to")
Graduation from an accredited law school; plus two years of experience as a practicing attorney.
CERTIFICATIONS AND LICENSES REQUIRED:
Virginia State Bar License in Good Standing (Required at the time of application)
NECESSARY SPECIAL REQUIREMENTS:
The appointee to the position will be required to complete a criminal background check to the satisfaction of the employer.
Employment to this position is at-will, serving at the pleasure of the Fairfax Commonwealth's Attorney.
PREFERRED QUALIFICATIONS:
The ACA III must be able to:
Communicate effectively and professionally with law enforcement personnel, defense attorneys, and judicial officers.
Effectively and professionally address, with sensitivity, victims of crime.
Work proficiently in a collaborative team environment and engage people of various social, economic, cultural, ideological, racial and ethnic backgrounds.
Remain organized in a fast-paced work environment and make decisions under pressure.
A successful ACA III will also:
Advise and assist more junior attorneys where appropriate.
Be supportive of colleagues in and out of court.
Have a strong sense of justice with which to evaluate cases and support decision-making.
Many of the desired skills can be developed in professional and personal @contexts outside of the legal field. Candidates with unique or non-traditional backgrounds are encouraged to apply
PHYSICAL REQUIREMENTS:
Duties are generally sedentary, performed in a normal office environment. All duties performed with or without reasonable accommodations.
SELECTION PROCEDURE:
May include a panel interview and a practical exercise. 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 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) have been filled or when a sufficient number of qualified candidates have been reviewed.
Fairfax County is home to a highly diverse population, with a significant number of residents speaking languages other than English at home (including Spanish, Asian/Pacific Islander, Indo-European, and many others (https://www.fairfaxcounty.gov/demographics/fairfax-county-general-overview) .) We encourage candidates who are bilingual in English and another language to apply for this opportunity.
Fairfax County Government prohibits discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, sexual orientation, gender identity, genetics, political affiliation, or military status in the recruitment, selection, and hiring of its workforce.?
Reasonable accommodations are available to persons with disabilities during application and/or interview processes per the Americans with Disabilities Act. TTY 703-222-7314. DHREmployment@fairfaxcounty.gov. EEO/AA/TTY.
LI-AL1
Requisition 26-00120
