Explained: The Role of the District Attorney
Explained is an occasional series from the Durham DA’s Office providing information and context about the court process.
District attorneys have significant decision-making power and the decisions they make have a big impact on the community. They can decide whether criminal charges are brought to court, which cases are dismissed or diverted from court, and — to some extent — the sanctions that people convicted of crimes will face. Yet, the duties, employees and practices of these offices are often not well-known to the communities they serve. This post describes the role of district attorneys in North Carolina, the structure of the Durham DA’s Office, and how criminal cases generally make their way to court.
What is a District Attorney?
The powers and responsibilities of district attorneys can vary state-to-state. This post focuses on district attorneys in North Carolina and in Durham.
North Carolina is divided up into 43 prosecutorial districts, and a district attorney is elected by voters to represent each. Durham County makes up the state’s 16th Prosecutorial District (other districts include multiple counties). The elected district attorney for the 16th District is Satana Deberry, who was sworn in to lead the Durham County District Attorney’s Office on January 1, 2019. District attorneys and the assistant district attorneys who work for them are also called prosecutors.
What do prosecutors do?
Prosecutors represent the State when someone is accused of committing a crime. They decide whether to bring the criminal charges filed by police to court. It’s then their job to prove to a judge or jury that the crime occurred and that the person accused of committing the crime (the defendant) did it.
It is a common misconception that prosecutors represent the victims in criminal cases. While the DA’s Office works closely with crime victims to understand what happened and reach a fair outcome, district attorneys prosecute violations of state law on behalf of the State and have a duty to act in the best interest of the public.
Here’s how the American Bar Association explains it:
“The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict. The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.
The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.”
In addition to deciding how to proceed on criminal charges, prosecutors in North Carolina also:
- Make recommendations about bond and other pretrial release conditions.
- Negotiate plea arrangements with defense attorneys.
- Inform victims about the steps in the court process.
- Refer/approve cases for diversion programs, for example specialty courts for people whose charges are related to mental illness or substance use.
- Review cases involving misconduct or use of force by police and decide if charges should be filed.
- Coordinate and consult with victim advocates in sensitive cases, like domestic violence, sexual assault, and child abuse.
How do criminal charges get to the Durham DA’s Office?
The Durham County District Attorney’s Office prosecutes all criminal cases in Durham County. Our job usually begins after police file criminal charges, although prosecutors in Durham often consult with police on what charges are most appropriate for serious cases, such as homicides and sexual assaults. While prosecutors can bring criminal charges, they do not arrest people.
Here is a broad overview of the process for criminal cases:
A crime is witnessed by or reported to law enforcement. Law enforcement investigate, and if warranted, file charges.
The case is received by the DA’s Office and assigned to staff.
From here, an ongoing process begins: The DA’s Office continues to receive and review evidence, turn most evidence over to defense attorneys as required by law, and keep in contact with victims.
Prosecutors negotiate with defense attorneys on a resolution.
In most cases, these negotiations will lead to a plea arrangement, in which a defendant agrees to plead guilty to certain charges.
Cases that don’t end in a plea go to trial, where a jury or judge will decide if the defendant is guilty or not guilty.
How do prosecutors decide what charges to pursue?
In deciding what charges should move forward in court, prosecutors at the Durham DA’s Office consider the strength of the evidence, the nature of the offenses, public safety, the wishes of any victims, and whether the matter can be addressed through means other than a criminal conviction — for example with a diversion program or community service.
When there is not sufficient evidence to support a criminal charge, prosecutors have an ethical duty to dismiss it. It’s important to know that there is a higher standard of evidence needed to secure a criminal conviction than to file criminal charges.
Police must have probable cause to support the charges they file. Probable cause means that the crime was probably committed and the person being charged probably committed it.
Prosecutors must prove a person is guilty beyond a reasonable doubt. Beyond a reasonable doubt means that the evidence presented would fully satisfy or entirely convince a person that the defendant is guilty.
Who works in the Durham County District Attorney’s Office?
The Durham County District Attorney’s Office is led by elected District Attorney Satana Deberry.
District attorneys hire assistant district attorneys to represent the State in court. The Durham County District Attorney’s Office employs about twenty assistant district attorneys. In addition, the Office employs approximately twenty legal assistants and victim service coordinators who help attorneys with their caseloads, connect crime victims to resources, and uphold the rights that crime victims are entitled to under the law. The Office also includes administrators who oversee operations, as well as other support staff. These staff members are employees of the North Carolina Judicial Branch.
The Durham DA’s Office is divided into teams: Administrative, Homicide & Violent Crimes, Drug & Property Crimes, Special Victims Unit, and District Court.
