Legal Question in Criminal Law in New York

Getting an acd?

My 26 year old son was arrested recently. The charge was for criminal mischief in the 3rd degree(FELONY) with 2 other charges of harrassment in the 2nd degree with $250.00 damage to a car from a thrown beer bottle. He did not physically harm the other kid driving the car. He does have has a public defender . Can he ask for an acd. He has never been in trouble before or been arrested and was released after a night in jail with no monteary bail amount.

How likely is he to get this pleaded down?


Asked on 8/07/07, 12:50 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Getting an acd?

A competent criminal defense attorney should be able to plea bargain this case. I don't believe your son will get an ACD. I do believe he will not have to plead to a Felony given what you have told me.Again an experienced attorney could negotiate a disposition with no jail time but with perhaps restitution and probation.

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Answered on 8/07/07, 5:08 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Getting an acd?

Yes he is eligible for an ACD, it is unlikely that it will happen. Bail doesn't indicate what his culpability is for the crime he is accused of. Hence I beleive it is unlikely to see a felony ACOD'D but not impossible.

Good Luck.

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Answered on 8/08/07, 12:52 am


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