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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23151
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Fran, Hi, I have temporary order of protection that my family

Customer Question

Hi Fran, Hi, I have temporary order of protection that my family took against me. I have also violation of the order. The family and the criminal case are in the IDV court. My attorney said to me that the D.A suggested to close the criminal case with reducing it to violation that it is not sealed, I did not want to have parmananet record, so the other option that the D.A suggested is ACOD. Is it true about reducing it to violation, and most importantley, can I appeal later the violation? (you have told me me I cannot appeal the ACOD)
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.

You are better off with an ACD than with a violation. The ACD seals itself by operation of law, but even until it does seal it is on your record as a dismissal. The violation is for less than a crime (it's neither a misdemeanor nor a felony) but it does involve a plea of guilty. So it is a conviction and will be on your record as such. Yes, it would be appealable because it is a plea, but you would still need a lawful basis to appeal it.

In other words, you can't appeal the ACD because the case would be dismissed. You can appeal the violation, but only if there's a legal reason entitling you to appeal it. In point of fact, it is almost impossible to get a negotiated plea back once you have agreed to it and been sentenced to it. So if you don't think you are going to like the plea, don't take it in the first place. The law doesn't allow you to agree just to get the benefit of the bargain without you being willing to really hold up your side of the deal too. And if that's what you think you are going to try to do, you'll be disappointed in the results.

A violation can be sealed if the court agrees to do that for you but it is not as tight a seal as the ACD. That is, NYS law allows for a violation to be unsealed and inspected under far more circumstances than they would allow an ACD to be opened.
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