https://archive.is/zqC7I(If someone can find me the document Ted Cruz said he would put on his twitter I would appreciate it. Appendix C. SCDAO declination and diversion policy. SCDAO might be S C D A O.)
https://archive.is/zqC7IRachael Rollins
Charges for which the Default is to Decline Prosecuting (unless supervisor permission is obtained).
Trespassing
Shoplifting (including offenses that are essentially shoplifting but charged as larceny)
Larceny under $250
Disorderly conduct
Disturbing the peace
Receiving stolen property
Minor driving offenses, including operating with a suspend or revoked license
Breaking and entering — where it is into a vacant property or where it is for the purpose of sleeping or seeking refuge from the cold and there is no actual damage to property
Wanton or malicious destruction of property
Threats – excluding domestic violence
Minor in possession of alcohol
Drug possession
Drug possession with intent to distribute
A stand alone resisting arrest charge, i.e. cases where a person is charged with resisting arrest and that is the only charge
A resisting arrest charge combined with only charges that all fall under the list of charges to decline to prosecute, e.g. resisting arrest charge combined only with a trespassing charge
Instead of prosecuting, these cases should be (1) outright dismissed prior to arraignment or (2) where appropriate, diverted and treated as a civil infraction for which community service is satisfactory, restitution is satisfactory or engagement with appropriate community-based no-cost programming, job training or schooling is satisfactory. In the exceptional circumstances where prosecution of one of these charges is warranted, the line DA must first seek permission from his or her supervisor. If necessary, arraignment will be continued to allow for consultation with supervisor. Thus, there will be an avenue for prosecuting these misdemeanors when necessary but it will be appropriately overseen by experienced prosecutors.
Note: this is essentially already happening for drug possession cases in Roxbury and Dorchester District Court.
https://archive.is/6OUi2Tahanie Aboushi
Charges to be declined
Criminal trespass 3d degree
Possession of burglar's tools
Unlawful possession of radio devices
Criminal mischief 3d or 4th degree
Criminal tampering 3d degree
Reckless endangerment of property
Fortune Telling
Making graffiti
Possession of graffiti instruments
Petit larceny 6
Other misdemeanor theft offenses, particularly crimes of poverty
Forgery, 3d or 2d degree
Criminal possession of a forged instrument, 3d or 2d degree
Other misdemeanor fraud charges, particularly crimes of poverty
Refusing to aid a peace or police officer
Resisting arrest
Criminal possession of a controlled substance
Criminal sale of controlled substances, first offense
Offenses involving marihuana
Prostitution
Patronizing a person for prostitution, 3d degree
Unlawful assembly
Disorderly conduct
Loitering
Criminal nuisance
Possession of a weapon, 4th degree
Aggravated unlicensed operation of a motor vehicle, 3d deg
