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CAD and suspended prosecution

Brooklyn, NY |
Filed under: Criminal defense

Does an CAD fall under prosecution or sentence deferred or suspended ?

Attorney Answers 3

Posted

You are probably referring to an ACD which is a conditional dismissal which a judge will grant on the offer of teh prosecutor and consent of your lawyer which says that if you remain arrest free for 6 months or a year the case will be dismissed and sealed and you will not have a criminal record. If you are arrested again and they discover that fact you will still have to face both the new and dismissed charges and the judge may give you a jail sentence as punishment for violating the ACD.Please choose "best answer" if this was helpful.

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Posted

I meant to say ACD sorry for some reason the site edited my text. I was just wondering if an ACD falls under the category of prosecution/sentence deferred or suspended when asked on application for a specific license, thank you

John J. Carney

John J. Carney

Posted

No, that is a re-pleader or other category that might not bo a total dismissal or sealed file. That is a deferred sentence, here the case is put off for 6 months or a year under consideration of being dismissed and automatically dismissed if you stay out of trouble and if you comply with any other terms such as community service, counseling, or anger management classes. You do not have to report it on a job or school application.

Posted

I'm not exactly sure what you are asking here. You might want to give just a little more information without giving too much. Thank you.

If this answer was helpful please click that block. Answers in the forum are only general and it is always best to contact a criminal defense lawyer to discuss your case. We handle NY, NJ and all Federal Court cases. Bukh Law Firm P.C., 14 Wall Street, New York NY 10005, (212) 729-1632. www.nyccriminallawyer.com

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I meant to say ACD sorry for some reason the site edited my text. I was just wondering if an ACD falls under the category of prosecution/sentence deferred or suspended when asked on application for a specific license, thank you

Arkady Bukh

Arkady Bukh

Posted

Yes, and thankfully, the other counsel who answered saw that. Good luck.

Posted

I presume you mean ACD. It is a dismissal after a set amount of time, with the same effect as a dismissal (though delayed until the future date) or acquittal at trial. It is not a sentence since there is no conviction, but a type of disposition of the case. ACD stands for Adjournment in Contemplation of Dismissal.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

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I meant to say ACD sorry for some reason the site edited my text. I was just wondering if an ACD falls under the category of prosecution/sentence deferred or suspended when asked on application for a specific license, thank you

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