Adjournments in Contemplation of Dismissal (ACD / ACOD)
An ACD is an agreement between you, the District Attorney, and the court to have your case rescheduled with the intention of dismissing it. The ACD is described in section 170.55 and 170.56 (which happen to be marijuana cases) of the Criminal Procedure Law, and is specific to New York State. The majority of criminal cases in New York result in conviction. The best possible outcome for defendants is the dismissal of their case. Depending on the particulars of each case, your lawyer can negotiate a dismissal once you have been found not-guilty by a judge or jury, which is an acquittal. One way your attorney can fight for a dismissal in New York is by applying for an Adjournment in Contemplation of Dismissal (ACD). An ACD it is not always available, but might be possible depending on the facts and circumstances of your case. If the application for an ACD is granted, that means that your case will be rescheduled, “adjourned,” for another date when it will be dismissed as long as the criteria set out for your specific case are met. If the ACD is denied, prosecution continues with the goal of your ultimate conviction.
An attorney must be the one to apply for an ACD/ACOD. If the criminal court judge grants the application, you may be held fully responsible for all imposed conditions; for example: community service, drug treatment, drug testing, counseling, monitoring, psychiatric treatment, anger management classes, restitution, or any other special conditions that the court and/or District Attorney have negotiated with your lawyer. Afterwards, you may have to return to court periodically to demonstrate that you are in full compliance.
Can I get an ACD?
Even if it is your first arrest, an ACD may be unobtainable. Because the end result is the dismissal of your case, an ACD is highly sought after by defendants and prosecutors are loathe to put it on the table without good reason. The question of whether there is good reason to grant an ACD is determined on a case-by-case basis. Facing criminal charges that carry the threat of conviction is reason enough for the accused to apply for an ACD through their attorney. Unfortunately, there is no cut and dried list of factors that make a successful ACD more predictable.
What if I can't get an ACD?
Waiting for your court date takes ages but once in court, things start moving quickly. If your attorney is unable to get an ACD, they must be prepared to say (or not say) the right things to the judge in order to keep your rights intact. For example, your attorney may need to respond to a bail application, request a motion schedule, request certain evidentiary hearings, file documents, or make well-timed requests. From there, your case could be schedule for further proceedings or for your trial. The legal process remains a maze with twists and turns that you shouldn’t have to navigate by yourself. Contact us at (917)830-5296 to see if an ACD or other measures are appropriate to your defense.
Disadvantages to Accepting an ACD
Although Adjournment in Comtemplation of Dismissal sounds like a panacea, it might not be something to blindly pursue. Once decided upon, it might not be possible to change your mind.
Employment
Do you have plans to work in finance, banking, teaching, law enforcement, or in any licensed or professional setting? Recent changes in the law have made it easier for employers to use your ACD against you.
Employment problems due to accepting the ACD
Recently, changes in federal case-law have made it easier for an employer to ask you if you've ever received an ACD. Your answer could lead to a variety of problems.
Employment problems due to the duration of the ACD
Employers may have access to your arrest and/or court record. This could lead to employment problems during the adjournment period and beyond. In extreme cases, one condition put upon you may be that you aren’t allowed to work during the adjournment period! This could last for a year. This absence could ovbviously lead to termination.
Immigration
Recently, criminal deportations of non-citizens has increased and international tension is forcing US Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP) to take a closer look at non-citizens. For the foreseeable future, if you aren't a U.S. Citizen and you've been arrested, you face greater scrutiny. Even if you get an ACD, you may still face difficulties and your ACD could be the problem. Depending on the facts of your case, it may be possible to negotiate an outcome more suited to your circumstances.
Licenses / Permits
You may face difficulty with getting professional licenses and permits. Most of the difficulty surrounds pending license applications or renewals but some licenses and permits, such as pistol permits, could be permanently affected.
Civil Liability
Accepting an ACD may affect your ability to sue someone and could, depending on the conditions, make it more likely that you could be sued. If you were falsely arrested, you may not want to take an ACD. If you might be sued by someone who claims that you injured them, you may not want to take an ACD conditioned on anger management because this could be a problem later in a civil suit. Whether an ACD is apropos to your long-term strategy is something that you must carefully discuss with your attorney.
Steps to take
- Don't go to court alone. Make sure you've had time to find the right lawyer.
- Consider alternatives to an ACD
- If you take an ACD, talk to your lawyer about confirming dismissal and sealing
- If you aren't a U.S. Citizen, get a written opinion from an immigration lawyer (we can provide this)
What we can do for you
- Let you know if an ACD is a realistic possibility in your case
- Explore the strengths and weaknesses of your case
- Help you determine the best strategy which may or may not be an ACD