Legal Question in Criminal Law in New York

6 month ACD

What happens if you are on th ACD and get arrested for something else??


Asked on 2/12/09, 2:53 pm

1 Answer from Attorneys

Matthew Schwartz Schwartz & Ponterio, PLLC

Re: 6 month ACD

There are generally conditions attached to receiving an ACD (Adjournment in Contemplation of Dismissal) for a period of between 6 months to a year. One of the conditions, usually, is that there be no new arrest.

If the person complies with the ACD conditions, the case will be dismissed at the end of the relevant period. If, however, the person violates the ACD conditions by being re-arrested (or by failing to comply with any of the other ACD conditions), the original matter can be brought back into court for resumed proceedings. It is as if the ACD never happened.

When someone who gets an ACD is re-arrested, they will potentially face two cases - the original case for which an ACD was entered, and the charge son the new arrest.

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Answered on 2/12/09, 3:18 pm


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