Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

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Michael Kramer, Attorney at law

Adjournment in Contemplation of Dismissal In New YorkCan you provide more detail about the ACD option?

The program is not very sophisticated in New York. There can be conditions attached to an ACD. Basically, it stands for “Adjournment in Contemplation of Dismissal.” The case is usually adjourned for 6 to 12 months with a shoplifting case (petit larceny), it’s usually adjourned for six months.

Benefits of an ACD: If You Do Not Commit a Crime during the Period of Adjournment, Your Case May Be Dismissed

During those six months, the case is still pending. It hasn’t been dismissed. At the end of the six-month period, if the district attorney’s office doesn’t move to restore the case to the calendar, it’s dismissed.

The only reason they would restore it to the calendar is if they found out that you got rearrested for any reason. And re-arresting doesn’t mean a traffic ticket. It means something a little more serious than that.

There May Be Conditions Attached to an ACD, Such as Community Service Obligations

When you receive an ACD, the court can attach conditions. The most common is typically some form of community service, possibly 15-20 hours. You have to perform that as a condition of the ACD. If you are not re-arrested and show proof that you performed the community service, the case would then be dismissed after six months.

It Is Not a Guarantee That You Will Be Offered the ACD for a First Offense

Do people think they can just get into this program, with little difficulty? Or is it actually difficult to qualify for the ACD program?

Most people who stay informed, either through online research or another method, know that the ACD program is available. In fact, there are clients who come to my office who mention ACD before I do.
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We talk about their chances of getting the ACD based upon the geographical location of their arrest, the nature of their arrest, the court they’re in, the district attorney who might be handling it, and, if it is a petit larceny, the particular store that is involved and the amount allegedly taken.

The ACD Is a Form of Dismissal That Will Allow Your Record to Remain Clean

Do people tend to think that it is very easy to get in?

Yes, it’s not a matter of getting in. It’s a matter of receiving that offer or obtaining that disposition through a plea bargain. It’s not a program in the sense that you have classes to attend. It’s just a form of plea bargain that permits a dismissal of the case and allows you to keep your record as clean as possible.

Consulting with an Experienced Attorney Is your Best Avenue to Learn about an ACD

That is correct. Obtaining an ACD is not automatic. Speaking with an experienced criminal attorney, especially one with experience in the court you are in is the best way to learn if you qualify.

You May Obtain an ACD for Any Offense, Though It Is Most Commonly Applied to Shoplifting Offenses

Is this only for petit larceny or are there offenses that you can get an ACD solution for?

You can get ACD for any offense, actually, if the district attorney agrees to offer it. It’s usually utilized most often in shoplifting and marijuana cases.

Interviewer: Are there other cases where it’s commonly offered?

The District Attorney May Need to Verify Extenuating Circumstances before Offering an ACD

I have seen it offered in marijuana cases and assault cases, as well as aggravated harassment cases. Really, any misdemeanor where there are extenuating circumstances which provides the district attorney with enough justification so that they can feel comfortable offering the ACD.

It’s a wonderful means of resolving a case. This is because even if you have a great defense, but the district attorney still will not dismiss it outright leaving you know choice but to go to trial an ACD provides an option for a district attorney to say “Well, I hear what you’re saying and I kind of believe you, but I can’t give you an outright dismissal. Instead, I will offer a form of dismissal, an ACD.”

An ACD Is a Plea Bargain, Not a Total Dismissal of Charges

I was going to ask you why district attorneys even want to offer the option.

It is a way to dispose of cases, again, by means of a plea bargain. Not having to go through a full-blown trial. Believe it or not, district attorneys may feel justice requires it. Their ultimate job is to seek justice, not just to get a conviction. They don’t really want to ruin a person’s life by having the charge become part of their criminal record unless they feel the circumstances merit it.

That’s why the ACD is a perfect way to go. The DA can just say “All right, you made a mistake. We understand the mistake and we understand the reasons for the mistake. We’re not going to scar you permanently.”

The Amount of Times ACDs Are Offered as Non-Criminal Dispositions Varies By Court and County throughout New York State

I’m sure people have all different perceptions of the justice system. Some think it’s probably a heartless machine. Some may think that mercy from the court exists. That’s why I ask, because people want to know how the court thinks, and works.

All I can say is that it varies. It varies, usually by county and it varies by the district attorney who is in charge of prosecutions in that county. There are district attorneys who only consider the strength of their case and not the circumstances of the individual involved. There are others who have a greater sense of compassion for individual circumstances and realize how important it is to keep certain person’s record clean.
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Can you shop a case around and try to steer it or it goes where it goes?

The Location Where the Crime Is Committed Determines Which Court Will Hear the Case

Based upon the location of the crime, that’s where it goes. It goes to the particular court that covers that location and it goes to the particular branch of the district attorney in Westchester County that covers that location as well.

In Westchester County, there are six geographical branches. Each branch is headed by a different branch chief. Each branch chief may have a somewhat different attitude towards the granting of an ACD.

Once Granted an ACD Dismissal of my Case, will there be any Record of my Case?

Although the ACD statute permits you to be restored to the same legal status you occupied before tour arrest, in reality that is not necessarily true. You would think if this was your first arrest, the matter would be wiped completely off your record. But although the court file will be “sealed”, and you will be able to maintain that you do not have a criminal record, there will still exist a record of your arrest and the granting of this ACD. A fingerprint check through the criminal justice computer will reveal the arrest. So beware when applying for certain jobs, in law enforcement, or when applying for a gun permit for example. In those situations, you may have to reveal the incident.

My practice focuses exclusively on DWI, TRAFFIC and CRIMINAL matters. As a sole practitioner, he provides his client’s accessibility and a degree of personal attention that large firms cannot. For other attorneys such cases are a small portion of their practice.

Michael Kramer, Esq.

Michael Kramer, offers insights on New York's ACD law.

Call for a Free, 20-min, Traffic Ticket Strategy Session (914) 594-5772.