Accused of Stealing a Gift Card from Work

[kristin1978]

hi... I feel for you!!!! I understand it kind of sucks to go looking for a forum for help -or- to feel better about your situation... and have it seem like averyone is kind of mean.

BUT I guess it is good to have an outsider's point of view about the whole thing... even if it is negative.

It can show you what other people (i.e. police, DA, lawyer, judge) may be thinking!! =)

anyway, I had a situation about 2 months ago in a grocery store (I posted about it) where I put a tiny funnel and nail brush (both 50 cents) in my pocket. I was not thinking correctly and as I was walking around the store, thinking about what an asshole I was being adn to take them out and just pay for them. As I was walking to get a citronella candle someone stopped me. I never left the store blah blah blah etc. and I tried to explain the situation to the security personnel. he promised me that if I told the truth he would not call the cops. he didn;t believe me that I was not going to walk out of the store with the 50 cent items and had me arrested.

long story short... I was handcuffed, fingerprinted, and had a mug shot taken over this. I got charged with petit larceny and was completely freaked out abou the entire situation, especially since I am going for my masters degree this June in social work at a private university in upstate NY.

I came on this board and got a lot of help and great advice.. and most importantly -- the people who responded to me made me feel better. I felt horrible after the incident and just wanted to hide under a rock and cry.

so I did a lot of research and came across ***ACD*** (Adjourned in Contemplation of Dismissal) and asked about it. (I am 30 years old and had no criminal history - was never arrested - and the worst thing that I ever did was get a speeding ticket)

I found a great criminal attorney (he charged me $750) and he knew the DA and judge I would be in front of. He got the ACD approved by the DA a week before my case even was heard.

I went to court last Thursday and stood up, plead not guilty, and my lawyer gave the judge the approved ACD from the DA. The judge was great and the only thing I had to say at the end was "Thank you, sir".

If I stay clean and do not get in trouble in the next 6 months, everything is dismissed and nothing is on my record. no fines, no fees, no community service, etc. (I know you are in a different state but maybe you have something like this in your state lawbook.)

get a good lawyer!!! it would be better to pay more now than to suffer consequences later!!

good luck with everything!!! and go get a massage and try to not stress out about it!! =)

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Adjourned in Contemplation of Dismissal

In U.S. criminal law, Adjournment in Contemplation of Dismissal, or ACD, may be offered to a defendant in the interest of justice with a view toward ultimate dismissal of the charge (see e.g. New York Criminal Procedure Law, Section 170.55). The case is usually adjourned for a period of six months (sometimes a year) after which time the case will be dismissed as long as the defendant has stayed out of trouble, i.e., has not gotten arrested again. It is NOT a form of probation nor a conviction.

In criminal procedure, the defendant subject to the Adjournment in Contemplation of Dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and charges are non-existent after the period of time for which the ACD applies; however, a local law enforcement record of the arrest is retained by default, unless explicitly expunged.

An Adjournment in Contemplation of Dismissal is not an admission of guilt. It is a a routine form of dismissal for minor offenses (outright dismissals are seldom made). It is commonly offered to protesters who were arrested in order to deter the defendant from committing illegal acts while the ACD is active. The use of ACD is seen in precedents such as the Bikes Against Bush protests.

Conditional ACDs

The judge Adjourning in Contemplation of Dismissal may impose specific conditions on the defendant subject to the ACD, which may include:

* Community service
* Drug rehabilitation
* Make restitution with a victim of the circumstances
* Avoiding contact with the victim

It may also be accompanied by an admonition to abstain from wanton, injurious, criminal, abusive or disruptive behavior. On the acceptance of the ACD and its conditions by all parties to the case, including judge, prosecuting attorney and the defence, the matter is adjourned without disposition and the defendant is released without bail condition.

Application and Surrounding Process

The burden of proof in the court systems which employ the system of ACD rests with the people (that is, the prosecution). If evidence demonstrating guilt is not presented, the matter is deemed dismissed, and the ACD proceeds along its standard course of action.

In New York State, a case subject to an ACD is normally dismissed on the date of adjournment, and restored on the first anniversary of the dismissal, upon which the matter is sealed automatically, except on objection from the prosecution.

Alternative Terminology

The terminology by which an Adjournment in Contemplation of Dismissal is referred may vary from state to state. In Maryland, it is termed "Probation before Judgment". It may also be referred to as an ACOD, which is identical to ACD, but includes the pronoun of in the title that is abbreviated.

There is a separate provision for ACDs involving marijuana in the state of New York, U.S.A. under CPL 170.56.

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[mmmagique]

Kristen, What is relevant in New York is not necessarily so in Michigan, nor in New Jersey (where you made this same post.)

It's admirable to want to help people, but if you want to give advice, please give advice that is relevant to the OP's state and concern. (some research may be required.)