What is an Adjournment in Contemplation of Dismissal (ACD)?
An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for petty criminal cases in New York. But what exactly is an Adjournment in Contemplation of Dismissal? Is it a regular dismissal or does it involve admission of guilt? This guide helps demystify the ACD.
If you have criminal charges in New York City and are interested in an Adjournment in Contemplation of Dismissal, contact Cody Warner for a free consultation. He is an experienced NYC criminal lawyer who can make sure that you get the best possible outcome.
ACD: The Basics
Codified under C.P.L. 170.55, an Adjournment in Contemplation of Dismissal is, as it sounds, an adjournment that typically results in dismissal.
When an ACD is granted, the court adjourns the case for six months. If the defendant does not get rearrested during those six months, then the case is dismissed automatically six months later. The defendant will not need to return to court on the dismissal date. For cases involving family members, the ACD period may be for one year.
When a defendant accepts an ACD, they are not pleading guilty to anything. In fact, the defendant will not say anything to the judge. The defendant’s lawyer will let the court know that the ACD is acceptable.
Although an ACD is often granted without any conditions, the court may require the defendant do something like attend an anger management class or perform community service.
After the Adjournment in Contemplation of Dismissal is granted, the defendant can get a disposition paper showing that the case is adjourned to be dismissed. Once the ACD period is over, the case will automatically be dismissed and sealed.
An ACD will not prevent you from suing the police for false arrest or malicious prosecution. If you believe the police wrongfully arrested you and initiated your criminal case without probable cause, you can still seek a false arrest lawyer to sue the police.
Common Cases That Result in Adjournment in Contemplation of Dismissal
The prosecution generally agrees to an Adjournment in Contemplation of Dismissal for several reasons.
Sometimes the prosecution agrees to an ACD when it thinks that its case against the defendant is weak. In those situations, the prosecution realizes that a jury could very possibly find the defendant not guilty, so it’s not worth the time and energy for the prosecution to proceed with a case against the defendant.
The prosecution will also offer ACDs even if it has a strong case, but the charges are minor. For instance, if you are charged with shoplifting or misdemeanor drug possession, the prosecution may offer you an Adjournment in Contemplation of Dismissal, especially if you have no criminal record. In those situations, although the prosecution may think it has a slam dunk case against you, it realizes that you made a mistake and should be given a break.
Although you can receive an ACD when you have serious charges, that outcome is much less common.
Need Help? Contact Cody Warner, P.C.
If you have criminal charges in New York City, contact Cody Warner, P.C. for a free consultation. We can discuss your case and determine the best strategy in effort to get your charges dropped.