What Is an ACD (Adjournment in Contemplation of Dismissal) in New York State? 

When facing criminal charges, the best outcome you can hope for is a complete dismissal. However, in cases where a complete dismissal is not an option, the second-best outcome is known as an adjournment in contemplation of dismissal (ACD).  

While an ACD, which is sometimes called ACOD, may be offered by a prosecutor, it often takes an experienced criminal defense attorney to obtain this disposition. Either way, an ACD allows you to avoid a conviction as long as you stay out of trouble during the adjourned time period, which is usually six months.  

“But am I eligible to apply for adjournment in contemplation of dismissal?” you may be wondering. If you are considering entering into an ACD, you might want to discuss your situation with an attorney first. Michael Kuzma Attorney at Law, helps clients determine their best path forward when facing criminal charges in Buffalo and other parts of Western New York.  

What Is an Adjournment in Contemplation of Dismissal in New York?

New York Criminal Procedure Law § 170.55 defines an adjournment in contemplation of dismissal (ACD) as adjourning—or, in other words, postponing—an action against a defendant without date ordered with a potential for ultimate dismissal of the action.  

Most cases in New York State are adjourned for six months, though the following cases can be adjourned for a year:  

• Cases involving marijuana 

• Family offenses  

During the adjournment period, the defendant must meet certain conditions to have their case dismissed when six months or a year expire. Depending on the situation, ACD conditions could include staying out of trouble with the law, not getting arrested, paying restitution to the victim of the alleged crime, receiving substance abuse treatment, attending education classes, and others.  

When Can You Get an ACD in New York State?  

Whether or not an individual who is facing criminal charges in New York State can get an adjournment in contemplation of dismissal depends on the type of the offense, their criminal history, the county in which they are prosecuted, and certain other factors. For example, a person charged with possession of marijuana could be eligible for an ACD as long as (a) they had a small amount of marijuana and (b) it’s their first arrest.  

Often, prosecutors offer ACD when they know their case against the defendant has weaknesses. However, if there are weaknesses in the prosecutor’s case, why not pursue a complete dismissal then? This should be the subject of your conversation with an attorney when deciding between accepting and declining the prosecutor’s ACD offer.  

How Does an ACD Work?

Before accepting the prosecutor’s offer of an adjournment in contemplation of dismissal, you need to understand what to expect if you go with the offer. The benefits of an ACD include: 

• If you get an ACD, you will have no criminal record, which means the next time you’re asked by a prospective employer or landlord, “Have you ever been arrested for a crime?” you can answer “no”; 

• Accepting an ACD doesn’t count as an admission of guilt;  

• No conviction from accepting an ACD means there will be no probationary period; and  

• Even if you accept an ACD, you will still have a right to sue for false imprisonment, false arrest, and use of excessive force.  

However, you will be subjected to the conditions imposed by the court for a period of six months or one year. If you get re-arrested during that period, your case returns to the status it was in at the time of the arrest. The same cannot be said about a complete dismissal. If your case is dismissed, you won’t face any additional conditions or limitations. That’s why a complete dismissal is always a better option than an ACD. That, of course, if you get to choose between the two.  

When Is ACD Not Available?

In New York, ACD is only available for misdemeanors that aren’t related to the operation of a motor vehicle. If you were charged with a violation of vehicle and traffic laws, you generally won’t be eligible for an ACD, though there may be exceptions. Additionally, if you have any prior convictions on your record or previously received an ACD, an ACD may not be available to you.  

Were You Offered an ACD? Let Me Help

Certainly, an adjournment in contemplation of dismissal is the second best (after a complete dismissal) outcome you can get when being charged with a criminal offense in New York. However, if you are offered an ACD by the prosecutor, it may be because they realize that your case also qualifies for a complete dismissal. For this reason, don’t be quick to accept what you’re offered until you consult with an attorney. An ACD isn’t without its potential drawbacks.  

Michael Kuzma Attorney at Law cares about securing the best possible outcome for his clients. If you were offered an ACD by the prosecutor or are thinking of pursuing it in your case, reach out to my office. Tell me more about your case during a free case evaluation to determine if an ACD would be truly advantageous in your particular situation.