Overview
The Essex County District Attorney’s Office (EDAO) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, which give the district attorney the power to represent the Commonwealth in the prosecution of criminal cases and defense of civil cases.
EDAO is one of 11 district attorneys’ offices in the Commonwealth and represents the state in the prosecution of criminal offenses that occur within its jurisdiction. That jurisdiction comprises the 34 cities and towns in Essex County. EDAO’s principal administrative and accounting office is in Salem; it also maintains site offices at 10 courthouses in the county. As of December 31, 2020, EDAO had 157 employees: one district attorney; 82 assistant district attorneys; 20 victim witness advocates (VWAs); five staff members in its diversion programs, including the Youthful Diversion Program (YDP) discussed below; and 49 administrative and support staff members.
According to EDAO’s website, the office is “committed to holding criminals accountable, securing justice for victims of crime and providing services and drug treatment to non-violent offenders.” This is consistent with EDAO’s internal control plan, which states that EDAO’s “primary role is to prosecute criminal cases at the eight district courts, three superior courts, and three juvenile courts in Essex County each year.”
Victim Witness Assistance Program
EDAO operates a Victim Witness Assistance Program, under which VWAs are present in criminal court during arraignments and other court proceedings. VWAs notify crime victims and witnesses of the results of these proceedings by phone, email, or letter in accordance with Section 5 of Chapter 258B of the General Laws, which requires EDAO to provide information to victims and witnesses about the court process, court events, and available services. Section 5 specifically states that the following shall be provided to victims and witnesses: court appearance notification; information related to witness fees, victim compensation, and restitution; escort and transportation; case process notification; employer intercession; expedited return of property; protection; family support, including care of children and other dependents; waiting facilities; and social service referrals.
YDP
According to EDAO’s website, the office offers services “in lieu of prosecution” to first-time, nonviolent offenders through its voluntary YDP. To qualify for YDP, a person should be at least 18 years old and generally no older than 21. After EDAO’s staff refers offenders to the program, YDP personnel screen them to determine their specific needs. Once an offender agrees to participate, a YDP staff member creates a contract, and the offender signs it. EDAO’s Juvenile/Youthful Diversion Guidelines require that the contract contain at least a counseling assessment, as well as any additional treatment sessions required by the counselor. YDP’s staff may also include the completion of educational classes, essays, apology letters, and community service as contract requirements. Upon completion of all contract requirements, the charges are dropped. Participants who do not complete the program, or who voluntarily withdraw from it, have their cases forwarded by EDAO to the appropriate court for prosecution.
| Date published: | February 11, 2022 |
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