With one prior which resulted in an ACD and a current charge of 165.40/155.25 what are my chances of getting another ACD

Asked about 2 years ago - Spring Valley, NY

Last year around Feb was when i got arrested and now im arrested for the same thing. The catch is that I believe i got an ACD so that means i dont have a record which means this would be like my first offense right?

Attorney answers (5)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . Unfortunately, the system is not quite that ignorant.
    Is it possible--sure. Is it likely.....not really.


    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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Jay K Goldberg

    Contributor Level 16

    2

    Lawyers agree

    Answered . I agree with the prior answers. The disposition will likely be known to the DA who is unlikely to offer the same break a second time.

  3. Benjamin J Lieberman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The DA is likely to know about the prior ACD. Speak to an attorney,s/he may still be able to negotiate a favorable disposition that won't leave you with a criminal record.

  4. Yvonne F. Garbett

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Anything is possible! You have not even given any factual explanation that may negate a charge. The DA in Spring Valley is tough but a gentlemen - he gives chances! So, you are not stuck by any means with a criminal disposition - the judges are great in spring valley - so you are in luck! b
    Call me if you want or need a more detailed response! 845-290-2492.
    Best of luck!
    Yvonne

  5. Richard C. Southard

    Contributor Level 19

    Answered . Since more than six months have passed, the case will have been dismissed and sealed already. I have seen many instances where the DA was unaware of the prior ACD and re-offered an ACD. Your attorney cannot misrepresent your prior status however and if the DA becomes aware of the prior case, it is unlikely that they would offer an ACD. If they did, it would be an invitation to everyone to commit shoplifting after every six months.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more

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