Legal Question in Criminal Law in New York

Adjournment in Contemplation of Dismissal

I was arrested two weeks ago in upstate New York, and charged with Unlawful Possession of Marijuana. My court date was set for yesterday.

Four business days before my court date for the UPM, I was arrested in New York again (this time in Queens), but this time for petty larceny. I went to court for this charge the day after, and received an ACD.

However, yesterday, when I went to court upstate for the UPM charge, the police report that was presented stated that I had never been arrested, and the judge sentenced me with an ACD as well.

My question (finally) is:

Because I have TWO ACD's on my record, will one void the other and result in the reopening of either case? What can happen?


Asked on 6/11/09, 11:01 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: Adjournment in Contemplation of Dismissal

If it is reported within the next 6 months, yes the second charge can be reopened. That being said, it is not likely that it will happen. The only thing you can do is to sit tight and wait it out.

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Answered on 6/12/09, 7:31 pm


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