Prosecutor Profiles: DA Nicole Silveira

What specific factors make your office unique?

We are a rural county and diverse county with a thriving educational system, including both a community college and the University of California (UC). In fact, our UC population is one of the most diverse in the system. While we have unfortunately been a hub for violent crime in recent years, things are turning around and our homicide rate decreased last year.

Our DA’s office also has a great partnership with our county office of education. We work together on school attendance and fentanyl awareness. This is part of my approach that is aimed at prevention, working to make the community safe for years to come.

What made you become interested in Prosecutor-Initiated Resentencing (PIR)?

I was part of our office’s Conviction Review Unit years before we started a partnership with For The People. I firmly believe there needs to be a mechanism in place that allows individuals second chances when they have earned them.

Authentic change in human beings should be commended and, if appropriate, they should have the opportunity to benefit from that change. In using this program, we don’t wait for cases to come to us, we also proactively look for candidates that may be appropriate.

What has been rewarding while doing this work? Any particular successes you’d like to share?

Learning about the viewpoints from those serving sentences inside prison walls was very enlightening. There is very meaningful change happening in some places. It was also refreshing to see the genuine reflection and ownership that candidates process while considering this program. I learned from some individuals that they knew they were not ready to be released because they still had work to do on themselves.

I learned from other individuals that they wanted to make sure only people who were serious about their rehabilitation were considered for the program because they wanted the program to be successful. This made me feel like there is real partnership between candidates and the DA’s office.

What is most important to you when considering a candidate for Prosecutor-Initiated Resentencing?

Authenticity. When people take steps to really effect change within themselves, that is very important. Of course, public safety is equally important. As the chief law enforcement officer of the county, I have to live with the decisions we make, and how it will affect the lives of those in my county. If a candidate has truly changed and paid their debt to society, then we should afford them an opportunity to become a productive member of society.

Any advice you would give to other DAs considering doing PIR?

Skepticism is understandable, but don’t let that deter you from giving the program a chance. We do have a great responsibility to the public’s safety, and that should always be taken into account.

At the same time, I believe society benefits from people who learn from their mistakes and are given opportunities to reform. If we don’t give second chances to those who earn those chances, there is no incentive for change. As DA’s we should be leaders for change and that can start with one individual who has changed their lives and paid their debt to society.

District Attorney, Merced County

Why did you become a District Attorney?

I came into prosecution because I really enjoy trial work, but moreover, I wanted to be a fair and just prosecutor. I believe defense is a very important part of our justice system in America, and I have done defense work myself, but I feel prosecutors have even more of an opportunity to effect change. We have the power to reduce punishments, select charges, and give people second chances when they earn them.

With great power comes great responsibility. I wanted to be a prosecutor who does the right thing—which is a broad mandate. Most importantly, this means operating by strict ethical standards and examining all sides of cases. I believe in punishment, but I also believe in rehabilitation and giving people the opportunity to change themselves.

What led to you becoming an elected DA?

I came into this role wanting to better my community. Officer-involved shooting cases were lingering without resolution, murders were on the rise, and we were not doing enough outreach within the community. I felt we could be more productive and thoughtful in our approach to justice.

Since becoming elected, we have cleared the backlog of officer-involved shootings, murders have decreased by about 40% and we have done significant outreach with our youth and the public at large regarding the dangers of fentanyl.

What three words best describe your unique approach to prosecution?

My approach is framed by accountability, compassion and prevention. While perhaps not unique, these are the values that help me take a step back and bring a balanced approach to the role.