Was arrested for public intoxication and indecent exposure back in late 2005 . Accepted an ACD in Queens and was told the whole situation would be wiped from my record in a year or so as long as I stayed out of trouble . To my surprise , it was brought up by the public defender when she was gathering information before I went to see the judge after my arrest . From what I've read around the web , the prosecution can open the CAD if they want . Can this be used against me in my upcoming case ?
The prior ACD should have ripened into a dismissal unless you failed to satisfy a condition which was imposed and the DA or court reopened it timely. Your prior incident is not a predicate for any enhanced penalty for your DWI, unless other evidence shows you have a serious drinking problem and he disposition of your current charge is deemed to warrant alcohol counseling, etc.
An ACD should be of six (6) months or one (1) years duration. No more.
Your prior arrest and the disposition (the ACD) will shop up on a NYSPIN report, i.e. your "rap sheet." Your PD was reviewing your record and questioning you as to the correctness of the information she had in front of her. There are sometimes mistakes in the way offenses are reported.
All that said, this should not effect your current DWI in Nassau. Given that County's policies on DWI you should consider hiring an experienced, private attorney with specific experience in the area of DWI defense. Several post on this web site. Watch for their submissions.
Christopher I. Simser, Sr.
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202
This doesn't make sense.
The prior ACD should not show to the prosecution or the defense 8 years later.
Either way, it should not affect this case.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
An "Adjournment in Contemplation of Dismissal" or "ACD" cannot be used against you in any future proceeding as it does not constitute a conviction. By its nature, an ACD is a pending case until it is either reopened by the prosecution or dismissed.
In your particular case, the ACD you received would have been dismissed automatically upon conclusion of the statutory period which was either six (6) months or twelve (12) months.
Bottom line, your prior ACD should not be used against you.
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