__________________________________________Ask the DA

To start the New Year, my Office and I wish to announce that this newspaper has given me the privilege of writing a weekly column.  It is my hope that in writing this column, I will be assisting each and every one of you to become more knowledgeable about our criminal justice system in general and to find out more about what my Office in particular is doing, both to combat crime as well as to prevent it. 

Each week, Brooklynites can turn to this page to read about issues which may have impacted on their own lives, such as predatory lending, identity theft and domestic violence.  This column will try to respond to questions that we receive everyday from residents of our county.  It will be interactive with the thoughts and comments of our readers.  It will combine the power of the press with the power of its readers to observe, inquire and speak out for change.  Hopefully, it will increase your understanding of the justice system and the District Attorney’s role in it.

            I think this is an appropriate time to answer the most basic question some readers might have:  “What is the role of a district attorney?”

            In general, district attorneys are responsible for prosecuting crimes committed within their jurisdiction—in my case, state crimes committed in Brooklyn.  Typically, after the police make an arrest they bring the case to my office.  Assistant district attorneys on my staff review the facts and circumstances of the case, prepare the case for prosecution and then refer it to either the grand jury for consideration of an indictment (if the case involves a felony), or to Criminal Court for continuation of the prosecution (if the case involves a misdemeanor).  My office will continue to prosecute the case until it is finally resolved through conviction, acquittal or dismissal.

            It is important to note that every district attorney’s office has the discretion not to proceed with a case.  However, that discretion is exercised only with good reason.  For example, factors such as “the interests of justice” might result in a decision not to pursue a case.

District attorneys also have the authority to establish innovative, non-traditional approaches to crime prevention within their jurisdictions.  My Office has been particularly active in this regard, which I will tell you more about in future columns.

            Best wishes for a happy, healthy and safe New Year.

            God bless.

            District Attorney Charles J. Hynes