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  1. #1
    Join Date
    Jan 2011
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    2

    Default Chances of Getting an ACOD in New York

    My question involves criminal law for the state of: New York

    I was arrested last week at a convenience store for shoplifting $115 worth of merchandise. While I was being kept at the manager's office, I signed a document stating that I had attempted to steal the merchandise, and after that I was brought to the police station and released on $50 bail. My court date isn't for another six weeks. I'm only 22, and this is my first time ever getting into any sort of legal trouble (I don't even have any traffic tickets on my record). On Monday, I'm meeting with a lawyer for a consultation.

    My question is: how likely is it that I will be able to get an ACoD? And, if I am charged with a fine, how much do you think it would be for?

  2. #2
    Join Date
    Dec 2010
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    105

    Default Re: Chances of Getting an ACOD in New York

    I am an attorney but I am not licensed in New York. Do not take this as creating an attorney-client relationship. I defer to the opinion of your attorney, of course, but perhaps this will make you rest easier over the weekend.

    By "ACOD" I take it that you mean "Adjournment in Contemplation of Dismissal". In other states this is commonly called diversion or deferred sentencing. From what I have read about New York, this is often allowed for first offender shoplifters so I expect that you would have a good chance of getting that. If you do get an ACOD, be very sure to keep your nose clean during the period required by the court. A second offense in that time frame would guarantee a conviction on the first charge.

    No on here can guess on a fine unless she or he is personally famiiar with the practice in your jurisdiction. Even within the State, fines or other monetary penalties often vary from county to county.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Chances of Getting an ACOD in New York

    Thanks so much. I was worried that it would be difficult to get an ACOD; I know it's possible to get them for misdemeanors, but I wasn't sure how common it was.

    Also: if my lawyer does try to get an ACOD and the judge agrees, will I still have to go to trial?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Chances of Getting an ACOD in New York

    No. By definition if you receive an adjournment in contemplation of dismissal, your case is adjourned. You would only be scheduled for trial if you violate the terms of the ACOD.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Chances of Getting an ACOD in New York

    You won't go to trial, but you will most likely have to go to COURT. It is the judge in a court situation that issues the adjournment and the conditions under which the charges will ultimately be dismissed or the adjournment terminated. You will not however have any guilt determined at that point (this is different than some other states that essentially have completed everything other than entering the conviction while on the adjournment).

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