ACDs (Adjournment in Contemplation of Dismissal)

When you are ticketed or arrested for a minor offense, you may be offered an ACD plea bargain. Often the judge or lawyer will say something like, “Your case is being dismissed. Just stay out of trouble for six months.” An ACD can offer you immediate freedom BUT there are important things to know about ACDs:

1) A condition of an ACD is often no police contact for six months. If you violate a condition of your ACD you can receive a much harsher penalty than your original violation carried –- like jail time. *If this has happened to you, let Picture the Homeless know -– it is illegal!

2) Under New York’s Criminal Procedure Law §170.55, you can not be given an ACD lasting longer than six months unless it is related to marijuana or family violence.

3) You do not have to take an ACD! If you think you will not be able to avoid police contact or will violate another term of your ACD and do not want to receive a harsh penalty for the violation, ask your Legal Aid lawyer what will happen if you don’t take the ACD.

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