Criminal Law Questions? Ask a Criminal Lawyer.
Adjournment in Contemplation of Dismissal also often referred as ACD, can be offered to a defendant in the interest of justice that could lead to the dismissal of criminal charges. The judge can postpone usually the case for about six months up to a year. As long as the defendant has good behavior and remains out of trouble; the judge could dismiss the case. Adjournment in Contemplation of Dismissal is not considered to be probation or could lead to conviction.
An Adjournment in Contemplation of Dismissal can’t be used to deny a person from receiving a job. The Adjournment will possibly be seen on a person’s background report but an employer can’t use Adjournment in Contemplation of Dismissal when determining to hire a person for a job. It is a violation of a person’s civil rights if this situation is to occur.
The person should arrive at court right before it is time for the trial. The person should dress appropriately and neat. Also, behavior should be mannerly and should be presented with maturity. In addition, the person should notify the clerk for details on where to meet with the person that is the prosecutor. Once the prosecutor is found; the file of the defendant will be reviewed. The prosecutor may ask the defendant if the person would want an Adjournment on Contemplation of Dismissal.
Case Details: The person lives in New York.
If the person has no criminal record; there is a chance it will be a light sentencing from the court system. The first offense for having marijuana possession and it’s under 25grams up to a $100 fine with no jail time. The consequences for having a traffic infraction are fines that lead to a maximum of $150 and/or 15 days in jail. It is a chance that the person will not receive time in jail for having a minor offense. For a first offense, the person will be offered a fine, put into a program of diversion, or adjournment in contemplation of dismissal. A diversion program is when that person participates in counseling that relates to the person’s charges; rather it is drug related, alcohol, or sexual abuse. Once completely, the case can be dismissed.
If the Family Court case hasn’t been resolved, the person should still handle the family case issue after the Adjournment in Contemplation of Dismissal is resolved. In Family Court, whatever is discussed in there; is not affiliated with what is going on in the criminal case. The defendant in the criminal has an order of protection that prevents other allegations from affecting the decision in the criminal case.
There are people charged with committing crimes every day. Some crimes are small and carry minor offenses. Adjournment in Contemplation of Dismissal will allow the person to have a chance to start over and stray away from the offense. Experts are here at to help with issues that may be of concern to someone that may have committed a crime.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.