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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23182
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Im based in Brooklyn NY and I need legal advice. My wife got

Customer Question

Hello Im based in Brooklyn NY and I need legal advice. My wife got me arrested for misdemeanor domestic violence. She first signed a waiver or prosecution, then then DA offered me an ACD with a Full order of protection. My wife had been calling me I did not pick up. I told my lawyer who told the DA to make her stop. She complied but I was told she is very upset and is now going to press charges. The DA gave another plea of accepting non criminal disorderly conduct with a full order or protection. I never touched my wife and she had no marks on her. But her laptop screen got cracked when she grabbed it away from me. Should I go to trial or accept the plea? I am really did nothing wrong. I sent my lawyer evidence that she went to the visajourney blog site asking if she signed the waiver would it affect her chances of getting a greencard through VAWA. I am very scared for my career. I got laid off shortly after this happened and not sure if these pending Charges will show up in a background check. The searches I did so far show nothing.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 2 months ago.

I am not sure what you were charged with except that it is a domestic related misdemeanor. Only a class A misdemeanor is entitled to a jury trial. If you want a trial, any lower level offenses must be tried to a judge.

Customarily, on the eve of trial a DA will reduce a case like this to a B misdemeanor specifically to keep you from trying your misdemeanor case to a jury. It may sound unfair to you, but the DA has the right to do that, and, depending upon your judge, it may hamper your ability to prevail at trial.

That said, particularly if your wife is bothering you despite having secured a no contact order, there's no reason for you to jump at a disorderly conduct. A dis con is NOT a crime. But it does involve you taking a plea and it doesn't seal as deeply as a ACD, which is the better offer. In my experience, if you move the case towards trial, you'll ultimately be offered the ACD again if there's been no further trouble between you and your wife.

An ACD is hard to turn down. It does not involve a plea of guilty. All records of it are destroyed when it is sealed, exactly similar to what would happen if you were acquitted of all charges after trial without any of the risk. If you go all the way to trial and lose, in my experience, you will face at least some jail time.

As for your background check, it's illegal in NYS for an employer to ask about arrests that don't lead to convictions, unless they are government employers. So your pending case should not prevent you from getting a job.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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