An Adjournment in Contemplation of Dismissal (ACD) is one of the best case outcomes that can be offered in a plea bargain, aside from a complete dismissal. If you are offered an ACD, you will be able to resolve the case without entering a guilty plea. For an ACD, the case is adjourned for six months (or one year if it is for a possession of marijuana offense or a family offense), and as long as you stay out of trouble for the six months (or one year) period, the case will be dismissed and sealed at the end of that period. What that means is that at the end of the six months or one year period, the case will be off of your record, and you will have no criminal conviction as a result of that particular arrest.
You may be able to get an ACD offer if this is the first time you have been arrested, and you are charged with possession of a small amount of marijuana. In situations where the charges are not based on marijuana possession, being offered an ACD will depend on the circumstances of the case, the level of the offense, your criminal history, your age, and the county in which the case is being prosecuted. For example, it is easier to obtain an ACD in Manhattan, Bronx, Queens or Brooklyn then it is to get one under the same circumstances in a county outside the city.
Another circumstance where an ACD may be offered is when the DA’s case is weak, or the alleged victim is not cooperative, which frequently happens in domestic violence cases. In those types of cases, you need to discuss the merits of taking the ACD vs. pursuing the case to try to get a complete dismissal.
The short answer is: yes. Read more below!
There are a few drawbacks to receiving an ACD. While the case will ultimately be dismissed and sealed when you are given an ACD (provided that you complied with the terms of the ACD), during the period prior to the dismissal, the original charges are still open. That means that if anyone is running a background check, for employment or otherwise, they will be able to see the open charges. Another problem with an ACD is that it may be restored to the original charges if you get arrested again, especially if the new charges are in the same jurisdiction or are the same type of offense.
You need to speak to your criminal defense attorney about the benefits and drawbacks of accepting an ACD prior to deciding how to proceed with your case.
When facing criminal charges in New York State, hiring a knowledgeable attorney is crucial to help build your case. Among the qualities of a criminal defense attorney is a connection with the local legal community. A local attorney knows the police officers, prosecutors, clerks, and judges, understands how they think, knows how the courtroom operates, and has valuable inside knowledge on how to handle your case.
According to statistics from New York State Division of Criminal Justice Services, there were 274,592 total adult arrests statewide in 2021. Facing criminal charges in New York State can be a scary and overwhelming experience.
Every day, drivers in our state are arrested for drunk driving. While not all of these drivers will be convicted, many of them will see some form of penalty. In 2021, there were 21,529 people who were issued tickets for driving while intoxicated (DWI) in the state of New York, according to the Department of Motor Vehicles. Facing any kind of drunk driving charges in New York is a very serious matter and one that should be handled by a professional.
