I received a DAT for a vandalism case in NYC, my court date is in May 21, 2012. This is my first offense and when I was in the detective office gave me a piece of paper to write my statement. Being that i was in camera i wrote "We entered the elevator 14E then we exited the elevator and I was drunk out of my senses and i broke a piece of plastic where i did not recall any of this" would this bite me in my bite, is there any way the charges could be dropped what can happen to me. I am a straight A student never been in trouble and i can't afford to have this on my record.
State/Country relating to question: New York
Yes, your statement can be used against you as long as there were no Miranda violation.It's unlikely the charges will be dropped, but New York has a procedure called adjournment in contemplation of dismissal (ACD). Basically the judge continues the case for six months, and if you do not get in any trouble and abide by whatever conditions the judge imposes the case is dismissed.I would suggest that you hire a lawyer prior to your court date if you possibly can. If not, ask the prosecutor for an ACD, if they do not agree plea not guilty. You will get a new court date and that will give you time to hire an attorney.
Relist: Answer came too late.
Hello Jacustomer,I'm an NYC lawyer. The previous expert was largely correct. Anything you said to the police will be used against you. However, it's unlikely that you're going to take this case to trial where you would have to worry about your confession.Characteristically on a first non-violent misdemeanor offense in NYC, you'll be offered a disorderly conduct, which is a violation and not a crime. So it will not give you a criminal record. It will seal itself a year later. With a lawyer, you may be able to get the ACD the previous expert mentioned, though it's not a sure thing. DAs in NYS will not bargain with unrepresented defendants. The possibility of the ACD will likely depend on the amount (in dollars) of damage they say you did.If you can get one, an ACD is a conditional dismissal. You would not be required to plead guity to anything, though you might have to pay a fine or do some community service. You will also have to refrain from getting rearrested for 6 months. If you do that, it will seal tighter than a drum by itself at the end of 6 months and you could honestly say that you have never been convicted of a criminal offense.
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