Legal Question in Criminal Law in New York

The 6 month waiting time is not considered probation. When you take an ACD, the case gets adjourned in contemplation of dismissal. What this means is that the case will be adjourned for 6 months and if you stay out of trouble and don't get re-arrested, the charges get dismissed and your record gets sealed. It is not a conviction. It will as though the arrest never occurred. Until the 6 months is up, there is still an open case against you and it will show up if someone does a background check. This may affect your armed forces application. The best course of action would be to wait until the case gets dismissed before proceeding.

I hope this answer has been helpful. At Chater & Associates, we specialize in criminal defense cases and we pride ourselves on providing excellent and affordable legal representation. Should you have any additional questions, or would like any further information, please do not hesitate to contact us. I can be reached directly at 917-721-7765 or you may call the office at 212-206-1761.

An ACD is an adjournment in contemplation of dismissal. In your case, you were

given a six month adjournment and a number of conditions to comply with during

that time. So long as you remain in compliance, your case will be automatically

dismissed and sealed in six months. This is not probation since you are not

subjected to any court ordered supervision - you must supervise your own

behavior.

I am not sure whether or not you will be prevented from joining the armed forces

since they develop their own requirements of which I am not familiar. It

wouldn't hurt to try, though.

Patricia Martin-Gibbons

Sent from my Verizon Wireless BlackBerry