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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23175
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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At the current moment I have an ACD (ACOD?) from a prior case

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At the current moment I have an ACD (ACOD?) from a prior case that was dropped in NYC, Manhattan from back in March this year. It just got dismissed last monday but the ACD was extended to 6 months. Unfortunately, yesterday I got arrested and charged for possession of 'Hash' while on Long Island, in the Hamptons (Suffolk County). Will this new arrest reopen my prior cases? Will I be facing jail time?

Hi Jacustomer,

I have only very rarely seen a DA reopen an ACD for a low level arrest, but they are absolutely entitled to report it to the Manhattan DA who can reopen it.

No, you wouldn't go to jail, as an ACD is not a conviction. If the ACD reopens, it only means you'd be at square one with a NYC case to fight. The original charge would be restored, and you could plead to whatever the offer was or fight the case and go to trial.

Suffolk has no jurisdiction over the ACD, so they cannot handle that matter along with your new one. But again, because an ACD is not a conviction, you would not be facing jail. If you had only enough hash for personal use, you could likely get a dis con this time around and pay a fine or do community service. I don't see jail, even in Suffolk County, for this offense if you have no criminal record other than an ACD.

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