Legal Question in Criminal Law in New York

Re: Bullied by ADA

There is no such thing as a sure thing in

the realm of criminal law. You may think

your version of events is correct. A Judge

or a jury may think otherwise. If they

do, you could end up in jail, and with a

criminal record that will prevent you from

continuing to work as an EMT

The offer of the ACD is one which most defense

counsel would be proud to wrangle from a

prosecutor. When the statement is made

that this will prevent you from suing the

police or the courts, this is true. But

there is also no guarantee that, if you go

to trial in the criminal matter, and win an

acquittal, that you will be successful in

a civil suit. The standards of proof are

different and there are very severe and

limited filing requirements, including the

service of a Notice of Intent to sue within

90 days of the commencement of the criminal

action.

Thus, the offer is one which should be

seriously examined. You should also check

the effect of the ultimate dismissal which

would be deferred for six months upon your

employment. You should also examine what

conditions, if any, may be imposed by the

Court, which still does not have to accept

the plea.

I am a firm believer that no one should ever

go to Court without an attorney. I, in the

proper case, charge no more than Article

18 fees ($ 40 an hour) for such representation.

I am sure there are others like me.

You may also call your local bar association

to obtain the name of similar attorneys

in your locale.

Re: Bullied by ADA

Contact a lawyer who specializes in civil matters who handles this type of case. If he or she feels that you have a good case and will take it on a contingency, then I suggest that you decline the ACD. If not accept the ACD because under the law, the dismissal in six months puts you in a position you were before the arrest and your record will be clear (CPL 170.55). I'm sure the civil lawyer will be able to assist you in obtaining a criminal lawyer if the case is any good.