If you have been arrested in New York on a minor offense it is likely that you qualify for an Adjournment in Contemplation of Dismissal, or ACD for short. Minor offenses include misdemeanor class offenses that don’t involve a victim and violation class offenses. An ACD means that the case will be adjourned for a period of time, from six months to a year, after which the case is dismissed in the interest of justice. The term “in the interest of justice” is just a way of way of saying that the case is not worth prosecuting, in so many words. Some factors which contribute to the granting of an ACD are that officers are unable to adequately articulate probable cause for the arrest (in which case you should push for an outright dismissal), the prosecution has a very weak case, the individual was arrested for the first time and the alleged crime was relatively minor, and other factors. A misdemeanor class offense can include theft of a small amount of items or items that amount to a low dollar amount, criminal mischief (like damaging or defacing property) and possession of small amounts of drugs to name a few. A violation class offense includes disorderly conduct and simple trespass. If you have been arrested and arraigned on a felony matter you have almost no chance of getting an ACD. Its not impossible, its just unlikely and it will happen later on in the case.
Just as a side note, if you don’t want to deal with the process of getting a marijuana ACD in the first place here are a few things you can do to keep yourself from getting arrested.
- DON’T smoke marijuana out in public. This is the fastest way to get busted. That skunky stuff permeates the air and it is far reaching. Officers have nothing better to do than track down where the smell is coming from.
- If you must partake in the use of marijuana DO it in the house with the doors and windows closed.
- DON’T have the stuff on you and act a fool in the street. Be aware of your surroundings. Make sure you are not unnecessarily calling attention to yourself and making yourself visible to authorities.
- DO have your stuff in a smell proof container if you are going to walk around in public. Unburned marijuana smells just as skunky as the burned stuff.
- DO have access a good attorney who will be available to assist you if you are ever in a legal bind.
or call me at 347-699-5291