Legal Question in Criminal Law in New York

6 month ACD clarification

After being charged under 221.05 Possession of Marijuana, I received a fine with a 6-month ACD, with an added condition of attending a substance abuse rehab center. It was required while I was on ACD that the court received documentation that I attended. I attended the center for the six months but received an unsuccessful discharge AFTER the 6-months of my ACD. Is it possible for me to still be arrested? Thank you for taking the time to reply.


Asked on 1/23/04, 3:45 pm

2 Answers from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: 6 month ACD clarification

The answer to your question will probably depend on which Court handled your case, Town, City? It will also depend on how the Court recorded their conditions of the ACD.

Do you know if the rehab agency sent the final discharge notice to the Court? If they did, it is likely that you will receive a letter advising you to appear in Court. This does not mean you are re-arrested, only that the Court can extend the ACD or proceed with the original charges.

Please feel free to contact me @ (716) 856-4022 for more information or to discuss this case further.

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Answered on 1/23/04, 4:35 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: 6 month ACD clarification

This is an easy question for someone with all of the information.

The answer is contained in the language of the court's order. If you send it to me (or meet with me) I will be happy to give you an accurate answer. No charge for the answer or meeting.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786. My fax number is (718) 729-2029.

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Answered on 1/23/04, 5:24 pm


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