Legal Question in Criminal Law in New York

ACD--once a life time offer?

is that true once ACD is given, it is NEVER available for the same person again in the future? so each person has only one and only chance of getting an ACD at first offense and each offense would be punished more severely than the time before? are they all true?


Asked on 6/07/08, 5:43 pm

2 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: ACD--once a life time offer?

What your'e describing is a policy decision by a DA's office, NOT a hard & fast rule or statute. An ACD definitely CAN be given to someone who's had one before, or even if they had 5 previously; the decision not to offer it to defendants who've had them already is a policy decision by the DA's office. The law makes no such distinction.

James S. Kats, Esq www.lawjsk.com

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Answered on 6/18/08, 1:40 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: ACD--once a life time offer?

Not exactly. Some District Attorney's offices make it a requirement, but there is no such requirement in Criminal Procedure Law (CPL)Section 170.55. On the other hand, a 170.55 ACD must be agreed to by the District Attorney.

A Marijuana ACD (AKA a CLP Section 170.56 ACD) is automatic and the DA need not agree to it. That ACD can only be used once and only for a first criminal offense.

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Answered on 6/07/08, 9:44 pm


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