An attorney has the duty to protect your constitutional rights and to communicate with you in order for you to make informed decisions as your case progresses toward trial. Ultimately as the client you are the one that must decide which direction your case takes.
Try to communicate with your attorney so that both of you mutually understand each other and that you fully understand the consequences or your decisions.
Thank you for sending such a sincere plea for help. The criminal justice system can be overwhelming especially to those going through it for the first time. I am certain that there is a local attorney in the county that this case is pending that will be willing to work on this case and help your friend. I see that your post is from Buffalo, NY so I am assuming that this is a Buffalo case. I hope that you are contacted by a local attorney willing to help. In the meantime if you wish to reach...
The Municipal Court system in New Jersey entitles everyone that is charged with a traffic infraction to conference their case with the Municipal Court Prosecutor before appearing before the judge. Take advantage of that opportunity and see if you can resolve your case to your satisfaction with the prosecutor.
One of the conditions of the granting of an ACD is that for the period of the ACD the person remain arrest free. With a new arrest as you described the prosecutor can move to vacate the ACD and reopen the original case. This would force your daughter to restart the first case and fight it from the beginning.
A prior conditional discharge will not have any affect on the potential penalty you are facing in the new DUI matter. Also as a general rule you are not facing any jail time with this new DUI charge.
Please consult with and retain an attorney that handles DUI cases so that you can get all your questions answered and that you are competently represented.
There does not appear to be any intent on your part to deprive the store of the money for the candy. You could either go back to the store and pay for the item or leave it alone and try to be more aware of the items you have when you check out next time.
Carl Spector, Esq.
Depending on the depth of the background search and DMV search the DUI would appear on a full motor vehicle abstract search since those events do not disappear. Good luck, and perhaps you should inform them before it appears that you were trying to hide something.