If you have been arrested for any kind of crime in New York, the representation you choose to defend you is important. With the right attorney, you can fight to have your charges dismissed or dropped.
At the Law Firm Of Gianni Karmily, Gianni Karmily and his legal team fight aggressively to find one of the many ways that your case can be resolved without you going to jail or having a criminal record. Many people use the terms “dropped charges” and “dismissed charges” interchangeably, but there are differences between the two processes. Read on to learn what happens if your misdemeanor charge was dismissed in New York, and schedule a free case evaluation with GIanni Karmily if you’ve been arrested or think you’ll be arrested.
What Is Adjournment In Contemplation Of Dismissal?
One of the ways in which your misdemeanor might be dismissed in New York is in an Adjournment In Contemplation Of Dismissal (referred to as ACD in NYC or ACOD on Long Island). In an Adjournment In Contemplation Of Dismissal, your misdemeanor case will be adjourned for as long as six months to up to one year. During this time frame, you are required to meet certain criteria. This criteria may include:
- Staying out of jail/Not getting arrested again
- Performing volunteer work or community service
- Paying restitution to the state or the victim of the crime
- Participating in alcohol or drug rehabilitation programs
In some cases, it’s only required that you stay out of trouble and don’t get arrested again. But, depending on the circumstances under which you have been charged for the misdemeanor, you may be required to take some of the extra steps listed above. Whatever the conditions of your ACOD, you are required to meet these conditions precisely as they are laid out to you. During this six month to one year period, as long as you meet these criteria without any issues, The People of the State of New York will dismiss your case, seal it, and you will not have a criminal record.
In an ACOD, the end goal is to have no criminal conviction and no criminal record, not even a misdemeanor. Participating in ACOD is not a legal equivalent to pleading guilty or accepting fault for a crime, it’s more of an agreement that you will keep out of trouble in exchange for an eventual dismissal regarding the charges
What Happens If My Charges Are Dropped?
Charges can be dropped before they are even formally filed. Many people falsely believe that when you get arrested, you’re immediately charged for a crime, but this is not the case. Getting arrested does not equate to having charges filed in the eyes of the law. It’s the responsibility of the District Attorney’s Office to process an arrest and formally charge you. So if you have been arrested and the D.A.’s Office believes that the case isn’t strong enough to move forward, they’ll drop the charges.
It’s important to remember to always exercise your Fifth Amendment right and remember that you do not have to speak to law enforcement, divulge any information, confess to the crime or talk about what happened. By doing so, you could accidentally incriminate yourself. These conversations are much more effective if conducted by your attorney.
What Does It Mean If My Charges Were Dismissed In New York?
In misdemeanor cases where charges have been dismissed, this means that charges were formally filed, but it has been determined by the powers that be (The State) that the case isn’t significant enough to proceed with. This is the main difference between when charges are dropped or charges are dismissed: when dismissed, the charges were fully processed and filed with the State, whereas dropped charges aren’t. Sometimes, charges are dismissed because a statute of limitations has ended and it’s beyond a legal time frame to go forward. In any circumstance, when the misdemeanor case is formally dismissed, proceedings end, and your record is sealed.
Schedule A Consultation With Gianni Karmily If You Have Been Arrested For A Misdemeanor Or Felony Charge In Nassau County, Long Island
Nassau County, Long Island criminal defense attorney Gianni Karmily has dedicated his law career to helping people like you who have been accused of committing misdemeanors and felonies fight for their freedom. He will aggressively pursue the best possible outcome in your case on your behalf, and will stop at nothing to make sure your rights are protected at every step of your case proceedings.
The Law Firm Of Gianni Karmily offers a free, no-obligation criminal case evaluation for any New York resident who has been arrested, and wants to know what their options are for possibly getting their charges dismissed or dropped entirely.