Legal Question in Criminal Law in New York

Adjournment in Contemplation of Dismissal Question

I received an ACD in New York for unlawful posession of alcohol, now I am in Ohio attending school and i got in trouble for public intoxication will this misdemeanor in Ohio count as violating my ACD in New York?? Thank you very much.


Asked on 9/02/01, 7:41 pm

2 Answers from Attorneys
Peter Bark Bark & Karpf

Re: Adjournment in Contemplation of Dismissal Question

if you received an ACD more than six months ago, it has expired and the NY case dismissed so the Ohio case will have no effect. If it is within the six months, in theory it is a violation of the conditions of the ACD but in reality, NY will never find out about it and once the six months are up it will be too late.

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Answered on 10/01/01, 8:28 am
Philip Schnabel Schnabel Law Office

Re: Adjournment in Contemplation of Dismissal Question

An ACD requires that you successfully stay out of trouble for the term specified,usually 6 months. If you are arrested and convicted during that period, the charge is reinstated and you must then face the penalty for the original violation. The dismissal is contingent on staying violation free, if not, no more ACD.

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Answered on 10/01/01, 8:28 pm


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