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

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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
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