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If one gets an ACD, should they decide to go to a trial instead?

New York, NY |

The charges are dismissed in 6 months. It is a petty larceny case/misdemeanor. A trial can last for about an year. The defendant will apply for an H1B visa extension in 8 months.

Attorney Answers 3


  1. Whether you proceed to trial depends on the facts and circumstances of your case. An attorney cannot properly advise you without first examining all of the facts and evidence pertaining to your case. If you have questions about whether to take a plea you should speak with your defense attorney and if you are not satisfied with your current representation, you should consider hiring a new attorney.

    Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court


  2. You should speak with your attorney AND an immigration attorney.

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  3. An ACD is generally a good result from an immigration perspective because it does not involve an admission of guilt. But you really shouldn't be making these decisions without consulting an attorney.

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