Legal Question in Criminal Law in New York
ACD dismissal
When you get an ACD how are these questions answered within the 6 month probation period and after the 6 month period??
ever been arrested?
ever been arrested and or convicted?
ever been arrested and convicted?
3 Answers from Attorneys
Re: ACD dismissal
You should NEVER be asked (by a potential or current employer) if you have been ARRESTED. It's an improper question; after all, an arrest proves nothing.
If asked whether you have been convicted of a crime or anything else, your answer is NO. An ACD is not a conviction. It's an adjournment; after the adjournment period, the charges are dismissed automatically.
James Kats, Esq. www.lawjsk.com
Re: ACD dismissal
ever been arrested? YES
ever been arrested and or convicted?YES
ever been arrested and convicted? NO
An ACD is not a conviction. It ends up being a dismissal. The 6 month period is not probation.
This reply is intended as informational only and not as legal advise as there is no attorney-client relationship.
Re: ACD dismissal
Mr. Rothstein is correct. ACD stands for Adjournment in contemplation of dismissal. The case is basically put on hold for six months or in some cases one year (family offenses & marihuana). The time is not probation however the prosecutor can make a motion if you get arrested on a new case or do not follow the Court's instructions to have the case restored to the calender within that six month period.
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