Legal Question in Criminal Law in New York

I was falsely accused of a crime I didn't commit. After paying the lawyer $2,500 he would not communicate with me, hung up on me, and said I harassed the person have evidence of how I was treated by him and evidence that proves my innocence which he refused to see. He only spoke to my mother and me for less than a minute before I had to stand before the judge, and said if I went to trial I could face a year in jail and said if I accepted the ACD/5 days community service I could still fight the case. I wanted to take neither because I have committed no crime. I don't know the law and am told even though I have the evidence that proves my innocence because I took the ACD/and served community service, signed the order of protection it was like saying I'm guilty and my lawyer should have explained this to me. I was told by a detective the lawyer sold me down the drain, I'm still being threatened by the persons responsible and they have not been held accountable. What can I do? no one will help!


Asked on 9/07/09, 6:59 pm

1 Answer from Attorneys
Galal Chater Chater & Associates

An ACD is shorthand for, "adjournment in contemplation of dismissal." What this means is that the case will be dismissed and the record sealed 6 months from the date that the plea is entered into. There will be no record of the arrest. The order of protection, however, will still be in place. I don't think that the lawyer you used "sold you down the drain." I do feel that he should have spent more time explaining the case to you and your options.

Going to trial on a case is not an easy decision to make. With an ACD offer, the benefits of taking a plea are substantial because the case gets eventually dismissed. Signing the order of protection is not an acknowledgment of guilt. It simply states that you have read it and have been served with it.

That being said, you always have the option of going to trial. This may cost more money and you risk a criminal conviction. Some people who feel really strongly about a case will take the risk, others won't. A good lawyer should not make the decision for you. His or her job is to talk to you about your options and let you make the ultimate decision.

I hope this answer has been helpful. At Chater & Associates, we specialize in criminal defense cases and we pride ourselves on providing excellent and affordable legal representation. Should you have any additional questions, or would like any further information, please do not hesitate to contact us. I can be reached directly at 917-721-7765 or you may call the office at 212-206-1761.

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Answered on 9/13/09, 11:50 am


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