Managing Partner
When you are charged with a misdemeanor in New York, the best possible outcome is always a complete dismissal. But when a full dismissal is not immediately on the table, the next best result is an Adjournment in Contemplation of Dismissal, commonly known as an ACD or ACOD. If you or someone you care about is navigating the New York criminal justice system, speaking with an experienced criminal defense attorney before making any decisions could be the difference between a clean record and a lasting conviction.
What Is an Adjournment in Contemplation of Dismissal (ACD)?
Under New York Criminal Procedure Law § 170.55, an ACD is defined as an adjournment of a criminal action without date, ordered with a view toward the ultimate dismissal of charges in furtherance of justice. In plain English, when a court grants an ACD, your case is placed on hold for a set period of time. If you comply with all conditions during that period, your case is dismissed and sealed.
An ACD is not an admission of guilt. It is not a plea of guilty or no contest. Under New York law, once an ACD leads to dismissal, the arrest and prosecution are deemed a nullity. You are restored, in the eyes of the law, to the status you held before your arrest ever took place.
How Long Is the Adjournment Period?
In most cases, a criminal action is adjourned for six months. However, certain matters can be adjourned for up to one year:
- Family offense matters under New York Criminal Procedure Law § 530.11
- Cases involving marijuana under New York Criminal Procedure Law § 170.56
During the adjournment period, you are released on your own recognizance. If the prosecution does not move to restore your case to the calendar within the allotted time, the charges are automatically dismissed at the end of that period.
What Conditions Must You Meet?
The basic requirement of an ACD is that you stay out of trouble with the law for the duration of the adjournment period. Depending on the nature of the charge, a court may also impose additional conditions, which can include:
- Class Attendance: You may be required to attend programs such as anti-shoplifting seminars, drug or alcohol treatment, or educational reform classes.
- Community Service: The court may require unpaid work for a public or nonprofit organization for a period not exceeding the length of the adjournment.
- Restitution: In some cases, you may be required to pay restitution to the complaining witness or victim to cover costs such as medical bills or property damage.
- Order of Protection: In family offense matters, the court may issue a temporary order requiring you to observe specific conditions of conduct.
Importantly, none of these conditions can be imposed without your consent. A skilled New York ACD criminal defense lawyer can negotiate these terms on your behalf. It is also important to know that a true ACD cannot require you to pay a fine. Fines cannot be imposed on someone who has not pleaded guilty or been convicted.
Who Qualifies for an ACD in New York?
ACDs are generally available for misdemeanor charges. Whether you qualify depends on several key factors:
- Type of Charge: ACDs are not available for Vehicle and Traffic Law violations related to operating a motor vehicle, with exceptions for parking, stopping, and standing offenses.
- Criminal History: Prior convictions or a previously granted ACD can disqualify you.
- Commercial Drivers: If you hold a CDL or commercial learner’s permit, or the offense was committed in a commercial vehicle, you are ineligible.
- Marijuana Cases (CPL § 170.56): Specific eligibility requirements apply. Prior drug convictions or prior ACDs can disqualify you unless the court finds exceptional circumstances.
Eligibility can be nuanced. A New York City arrest lawyer with deep knowledge of local courts can evaluate whether an ACD is achievable in your specific situation.
Advantages of an ACD
For many defendants, the benefits of an ACD far outweigh any drawbacks:
- No Criminal Record: Because no plea is entered, your record is restored to its pre-arrest status. You can answer ‘no’ when a future employer or landlord asks whether you have ever been arrested.
- No Probation: Without a conviction, there is no probationary period, no check-ins with a probation officer, and no restrictions on employment, travel, or residence.
- Case Is Dismissed and Sealed: Once dismissed, your case is sealed and accessible only to a very limited group of people. The prosecution cannot reopen it.
- Civil Lawsuit Rights: You retain the right to sue for false arrest, false imprisonment, or excessive police force, even after accepting an ACD.
Potential Disadvantages of an ACD
While an ACD is often an excellent outcome, there are trade-offs you should fully understand before accepting:
- Charges Are Not Immediately Dismissed: Your arrest remains on record during the adjournment period, and prospective employers may have access to it until the case is dismissed and sealed.
- Malicious Prosecution Claims: Accepting an ACD means forfeiting the right to sue for malicious prosecution, as it is not considered a termination of proceedings in your favor.
- Immigration Consequences: For non-citizens or those on temporary visas, an ACD can complicate naturalization proceedings or create additional difficulties during the adjournment period.
- Impact on Future Cases: A prior ACD may be used against you in future criminal proceedings when seeking a favorable plea bargain.
- Military Service: You cannot join the military during the adjournment period.
- Gun Permits and Law Enforcement: An ACD may create difficulties in obtaining a gun permit or gaining employment in a law enforcement agency in the future.
Frequently Asked Questions About ACDs in New York
Can I get an ACD for a felony?
In limited circumstances, felony cases may be referred to dispute resolution under CPL § 215.10, but this does not apply to Class A felonies, violent felonies, drug offenses, or cases involving repeat offenders.
Can I request an ACD, or does the prosecutor have to offer it?
Either the defendant or the prosecutor can request an ACD, and in some cases the judge may propose it. However, all parties must consent for the ACD to be granted.
What happens if I violate the terms of my ACD?
If you violate the conditions, the prosecution can move to restore your case to the calendar, and it will then proceed as any other criminal case in the system.
Should I always accept an ACD when it is offered?
Not necessarily. If the prosecutor’s case has significant weaknesses, a complete dismissal or acquittal at trial may be achievable. This is exactly the kind of analysis an experienced criminal defense attorney should conduct with you before you accept any offer.
Why Choose The Fast Law Firm?
Deciding whether to accept an ACD, negotiate for a better outcome, or challenge the charges outright requires a thorough understanding of the law and the facts of your case. At The Fast Law Firm, we have helped clients across New York City navigate these decisions with clarity and confidence.
- Former prosecutors on our team who understand how the system works from the inside
- Experience defending thousands of clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
- Deep knowledge of New York criminal courts, local judges, and prosecutors
- Clear communication at every stage so you always understand your options and next steps
- Conveniently located in midtown Manhattan for easy in-person access
Your Defense Starts With a Single Call
An ACD can be one of the best outcomes in a New York criminal case, but it is not always the right one. Before you agree to anything, let an experienced criminal defense attorney review your case and all available options. The right legal counsel may reveal that you qualify for an outright dismissal, not just an adjournment.
Do not make this decision alone. Contact The Fast Law Firm today for a free, confidential consultation. Our team of dedicated New York ACD criminal defense lawyers is ready to fight for the best possible outcome in your case.
