ACD: A Better Outcome?
Perhaps the prosecution has already made you an offer of a violation like Disorderly Conduct, and you're weighing your options about your New York City drug arrest and Desk Appearance Ticket. Should you take the deal, plea to a violation and hope it doesn't come back to haunt you later? Or could there be a preferable outcome, given your situation? Depending on the circumstances of your case, your defense attorney may fight for an outcome that many would consider favorably: an Adjournment in Contemplation of Dismissal (ACD). As discussed in another section, an ACD means that the case is set aside for a certain period of time (six months), and as long as you stay out of trouble during that time, the case will ultimately be dismissed.
Why is this often a better outcome? Because it would mean that as long as you're able to maintain law-abiding behavior for the required time, you will emerge from the process with a clean record and all charges dropped. You may be a little more careful about your behavior in the future, but you would be able to resume your life and put this experience well behind you.
Of course, an ACD is not for everyone. Some clients are not comfortable with the idea of a six-month period in which they must avoid arrest. Some people prefer the resolution that a plea to a violation provides. Arguably, if you have your status pending for immigration purposes, an ACD will delay the resolution in that case. You should discuss your options carefully with your attorney, and discuss the circumstances by which elements of the case (evidence or the arrest itself) could reappear in the future.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors about misdemeanor drug crimes.
In depth information on drug crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its drug crime section.