What does the DA do?

A District Attorney (DA) is the chief prosecutor for a local jurisdiction - usually a county or judicial district. They represent the government in criminal cases and are responsible for deciding who gets charged, what charges are filed, and how cases are handled in court.

What a District Attorney does

  • Reviews cases from law enforcement and decides whether to file charges

  • Prosecutes criminal cases in court—from misdemeanors to serious felonies

  • Works with victims to ensure their voices are heard

  • Sets office policies that guide how justice is applied

  • Collaborates with police, judges, and community organizations

  • Can shape alternatives to incarceration (like diversion programs, treatment, or restorative justice)

Why it matters (this is the part most people don’t realize)

The DA is one of the most powerful local officials in the justice system - because they control DISCRETION. This means they decide:

  • Who gets a second chance vs. who gets locked up

  • Whether low-level offenses are punished harshly or handled with alternatives

  • How aggressively violent crime is prosecuted

  • Whether fairness and equity are prioritized—or ignored

In many cases, laws don’t determine outcomes—people do. And the DA is that person.

Below is how the DA makes charging decisions.

A District Attorney (DA) in North Carolina holds exclusive and absolute authority over whether or not to file formal criminal charges against an individual. While law enforcement officers make arrests and write initial citations, the DA's office decides how - or if - a case proceeds to court.

  • Prosecutors evaluate police reports, witness statements, body camera footage, and forensic evidence to see if a crime can be proven beyond a reasonable doubt.

  • The DA can accept the officer's initial arrest charges, elevate them to more severe offenses, or reduce them to lesser charges based on the law.

  • If the evidence is weak, unconstitutionally obtained, or if prosecuting does not serve the interest of justice, the DA has the power to drop the charges entirely (called a voluntary dismissal or nolle prosequi).

  • For felony cases to move forward in Superior Court, the DA must present a bill of indictment to a local grand jury, which decides if there is enough probable cause to formalize the charges.

  • For certain first-time or low-level offenses, the DA may decide to defer prosecution. This allows the individual to complete community service, classes, or restitution to have their charges dismissed.