Minimizing Criminal Charges
If you have been arrested for criminal activity, you may be feeling scared. Having these charges against you can leave you feeling worried about your future. If you are wondering if there is a way of minimizing criminal charges, you should speak to an attorney.
Minimizing Criminal Charges | Adjournment in Contemplation of Dismissal
In New York, we have what’s called an Adjournment in Contemplation of Dismissal. We have an acronym we call ACD, or in some courts we call it an ACD. Essentially, what that means is after a period of time where first of all you’ve gone to court with your attorney and your attorney has negotiated for you an ACD, it’s essentially a diversion where there’s no conviction and you have to stay out of trouble.
Sometimes it’s community service, sometimes it’s restitution that are attached to a satisfaction of the ACD, and as long as time passes and there’s no other arrests or other charges brought on you by other events, then your case gets dismissed. It’s a very good tool for someone who’s never been in trouble before or is facing a charge that the prosecutor or the judge is willing to grant you an ACD.
Minimizing Criminal Charges | Expungement Statute
New York does not have an expungement statute. There was a time when New York was a state that did allow cases to be sealed after they were done, but it no longer exists in New York. In order to get an expungement, you would have had to been granted an ACD, an Adjournment in Contemplation of Dismissal, or your case would have had to been dismissed and sealed, and there’s no additional paperwork that you would need to file to get what you would call an expungement for those instances where a case was dismissed and sealed or there’s an ACD.
But there are no expungements otherwise discussed in the New York laws, so if you have a case that you think can be expunged, give me a call and we can discuss it, but by and large there are no expungements that can go back in time and seal an otherwise valid conviction.
If you would like to seek a lawyer who is experienced in minimizing criminal charges, please call our NYC criminal defense lawyers to schedule a free consultation.