Boston DA lists crimes she won’t prosecute

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Boston, MA – When Suffolk County’s district attorney-elect Rachel Rollins takes over the prosecutor’s office in January, criminals will no longer need to worry about being held accountable for many offenses – including resisting arrest.

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.

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