Have you ever heard of ACOD? Sometimes referred to as ACD, getting a case dismissed on this motion is one of the best results you can get. According to New York Consolidated Laws, ACOD is an acronym that stands for Adjournment in Contemplation Of Dismissal. This motion gives a full dismissal of the charges as long as the accused person stays out of trouble with the law for a period of time, usually six months, but sometimes longer.
As long as the accused person does not get arrested again in that adjourned period, and does not break the law again, the charges can be fully dismissed. Getting off with an ACOD is nearly as good as having the charges dropped or dismissed entirely. Getting a lawyer who is familiar with ACOD is crucial to the outcome of your case. There are plenty of advantages to getting ACOD. Read on to learn more about ACOD and why it is so important to New Yorkers and, if you or a loved one have been arrested in New York for criminal charges, contact the Law Firm of Gianni Karmily as soon as you possibly can.
What Are the Advantages Of Getting An ACOD?
As mentioned previously, there are many advantages to getting an ACOD in New York, as getting an ACOD is almost as good as having your charges dropped. When you get ACOD, it is not the same as admitting guilt. It’s not a guilty plea. So, in the future, if you are filling out a job application that requires you to disclose if you were ever arrested for a crime, you can answer no. A defendant who gets ACOD will end up with no criminal record.
Additionally, since there isn’t any conviction with an ACOD, there isn’t any period of probation that you need to deal with. You aren’t required to check in with any probation officer, attend certain meetings or rehabilitation programs, and you will generally not have to suffer any restrictions or limitations of where you work and when, where you can travel to, and when you need to be home.
After your ACOD period is over, you can still file a lawsuit for false arrest or false imprisonment, or even excessive use of force by law enforcement officers.
What Do I Need To Do While On An ACOD?
While on an ACOD, usually, the only requirement is that you do not reoffend. This means, you cannot get arrested again, break the law again, miss a court date, or otherwise commit an unlawful act that could be considered recidivism. You must stay out of trouble for the pre-designated period of time in your ACOD, whether it’s just a few months or a year.
In some cases, a prosecutor might suggest that the defendant perform community service with the ACOD, so some people may be required to perform community service duties. The amount of days and length of time the defendant is required to perform community service can be negotiated by their criminal defense attorney– this is one of the many reasons why it’s crucial to work with someone who is hard working and determined to fight for you and what you deserve.
Can I Be Put On An ACOD If I Have A Felony Charge?
It is a common misconception that ACOD is reserved only for minor misdemeanor charges or traffic tickets. This is not the case. An ACOD can be granted for just about any type of charge, not just misdemeanors. There have been cases in New York where even those with violent felony charges can be granted ACOD, depending on the unique circumstances of the case.
In some cases, New York State prosecutors will insist on an ACOD offer instead of a straight dismissal, regardless of how weak their case is. However, getting an ACOD is not always easy. Only a top New York criminal defense attorney can achieve this motion, so it’s best to work with an attorney who knows how to convince the prosecutor that the arrest was an aberration in the defendant’s life, or knows how to fight long and hard enough until the prosecutor gives in and grants the ACOD.
Call ACOD Attorney Gianni Karmily Today
Schedule a free, no-obligation consultation with criminal defense attorney Gianni Karmily today if you have been arrested in New York, have questions about ACOD, and need to speak with a hard working lawyer who cares. Gianni Karmily offers a free, no obligation criminal case evaluation to any Nassau County, Long Island resident or New York resident in need of strong guidance from a professional.