Ithaca Cortland Lawyer: Why an ACD for a Marijuana charge under CPL 170.56 is such a HUGE WIN in New York!

WHY an ACD for a Marijuana Charge

under CPL 170.56

is SUCH A HUGE WIN

in New York!

In this video, Attorney Mike Cyr explains why a DISMISSAL under CPL 170.56  (New York's Criminal Procedure Law) is such a BIG WIN for a Marijuana charge. 

As explained in a previous video, an ACD is an "Adjournment in Contemplation of Dismissal" however, for a marijuana charge there is a SPECIAL LAW for an ACD.  

Criminal Procedure Law 170.56 allows a first time marijuana offense (from a violation to a felony) to be DISMISSED and NULLIFIED as if it never happened!  

This is a very rare kind of law in New York.  No other dismissal under New York criminal law creates a "nullity" where the offense goes away completely as if it never happened.  Even Youthful Offender charges are not gone completely--they are just sealed.  

See some of our other videos for why Dismissing a marijuana offense is SO IMPORTANT in New York (could potentially destroy your chance to get Federal Student Aid)

Making it so a charge never happened is what makes getting an ACD under 170.56 is such a big win.

If you have questions about 170.56, call us: 607-229-5184

Send me an email: mike.ithacadwi@gmail.com

Find us online:  www.ithacadwi.com

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*This video is not intended as legal advice.  If you are charged with a crime, we strongly urge you to consult with a licensed criminal defense attorney!  

*Attorney advertising

BY MIKE CYR

Ithaca Cortland lawyer explains DRUGS found in a Car Are Possessed by EVERYBODY IN CAR in New York!

NEW YORK's LEGAL PRESUMPTION THAT DRUGS FOUND IN A CAR...

ARE YOURS

As I explain in the video above, the New York legal presumption that any "loose drugs" found in the passenger compartment of a vehicle are CONSTRUCTIVELY POSSESSED by everybody riding in the car.  

It's a very broad legal presumption.  It must be fought right from the start of the case.  If you are riding in a vehicle with people you don't know or in a car you don't know, this could happen to you.  

However, this presumption can and should be fought by anybody charged with Criminal Possession of a Drug by the police. 


BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca Cortland lawyer DRUGS found in same room with you are PRESUMED to be YOURS in New York

DRUGS FOUND IN SAME ROOM AS YOU BY POLICE ARE PRESUMED

TO BE YOURS! 

This New York presumption is known as "CONSTRUCTIVE POSSESSION."  It applies to both CARS and ROOMS.  

If the Police find drugs out in the open of a room, and cannot figure out who actually owns/uses them, then they have the POWER to charge everybody in that room with POSSESSION of those drugs. 

Presumptions like this need to be fought by your lawyer.  Any evidence to the contrary can help relieve the burden of a legal presumption like this one.  

Basically, this presumption allows police to charge everybody THEN SORT OUT THE TRUTH ...LATER.  

It's not fair, but it is the law in New York.  So it is important to know about it.

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi

Ithaca Criminal Defense Lawyer explains: What is an ACD in New York?

(image courtesy of www.keepcalm-omatic.co.uk)

What is an ACD in New York?

An A.C.D. is an "ADJOURNMENT IN CONTEMPLATION OF DISMISSAL" and as all New York criminal defense lawyers know, it is the best possible outcome in a case.  

Here's how it works... 

If you are given an ACD, then you must have no new arrests for 6 months and your charge will be DISMISSED.

However, if you DO get a new arrest during that 6 month period, then the prosecutor CAN reopen your charge that got the ACD.  It basically reopens the case.  

Once your charge is DISMISSED at the end of 6 months, then your charge is SEALED (or shielded from public view).  This will protect you from having any criminal convictions coming up on a background check.  

What sorts of crimes in Ithaca are given an ACD?  

In my experience, it is much more common for a violation to be given an ACD than a misdemeanor.  Like...

-Harassment 2nd degree

-Unlawful Possession of Marijuana

-DIsorderly Conduct

(Bear in mind, negotiating an ACD even for a VIOLATION can be difficult...and requires a competent criminal lawyer)

If you are charged with a misdemeanor or felony, then it is MUCH LESS LIKELY that a prosecutor will be willing to ACD a case without very convincing evidence that you didn't do anything wrong.  It can happen, but you need a really good reason to give the judge and prosecutor.

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi