Legal Question in Family Law in New York

Adjournment in contemplation of dismissal

I have been charged In Brooklyn Family Court of Child abuse. I am innocent. The court offered me what sounds like a plea bargain termed: " Adjournment in contemplation of dismissal" = AICD. My attorney assures me I am pleading guilty to nothing, and admit to nothing. I have a healthy skepticism . I am a physician, and I was the first to make a mandated report to the ACS (Administration of Child Services) which was not properly investigated. Today the attorney for the ACS claims she can not locate the case folder. Only later when other physicians, and school officials made additional reports was the situation investigated. I have and had joint custody of my child. Instead of awarding full custody to me, the ACS made me a co-responder in the case. Ostensibly, their rationale was I "watched and did nothing while my X wife abused my child". The evidence I have to defend this absurd charge is overwhelming and I have asked my attorney to arrange for a full hearing or immediate dismissal of charges against me. Instead I am offered this AICD. Can you shed any light on the meaning , significance and possible consequences of agreeing to an AICD. Thank you, DAP.

Asked on 7/30/99, 1:02 am

1 Answer from Attorneys

Salvatore Lagonia Attorney At Law
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Re: Adjournment in contemplation of dismissal

An ACD is not an admission to anything. It is a tool that is offered - and as the name implies - allows for a case to be dismissed after the term of the ACD - usually 6 mos or 1 year. If there is any charge during the pendency of the ACD, then the ACD is again returned to the calendar. One thing to note - you can only get an ACD once in life - it is not available a second time.

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Answered on 8/26/99, 9:05 pm

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