I was stopped by the cops and charged with PL 221.10 01. I am going to receive a job offer in the next couple weeks. (possibly before my DAT.)
This is my first charge ever so I am confident that I will get an ACD. Would I be able to speak with a DA and ask if they would give me an ACD that was sealed immediately (or in a couple days) before my trial.
If not, how much would an attorney charge to do this for me?This occurred on a public sidewalk.
A marihuana ACD expires after 1 year and the case is not dismissed and sealed until that time. The period of the ACD can be shortened but that is rare. You will certainly need an attorney to assist with that. Fees vary based on the experience of the attorney.
Shortening the time on an ACD is possible. If you do not hire a lawyer, you. Better hope that the legal aid has the time to get involved. I strongly suggest hiring a private attorney before the return date so that he can attempt to get it all worked out before hand. Lawyers fees vary.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Best to hire an attorney to try to get the period shortened. You should have some proof that you either have a job offer or are in serious discussions about an offer. You will just have to call around to find out about prices.
It may be possible, but as stated it would be very unlikely unless you have an attorney negotiating for you.
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There is no mechanism within CPL 170.56 (which governs marihuana ACDs) that allows for the shortening of the one year waiting period. Therefore the only way that it can happen is if the DA consents. While I have accomplished this for some clients it usually takes a compelling reason, which starting a new job may not qualify as. Additionally it usually requires being signed off on by a very high ranking Deputy DA (at least in Manhattan). I feel very confident saying it will not happen with you trying to do it on your own and possibly not even with the help of an experienced attorney. You have nothing to lose by trying except money. I would expect your attorneys fees would be somewhere in the 1000-2000 range depending on the experience and success rate of the attorney you hire.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 18 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
I often get the Judge to grant early dismissal and sealing -- sometimes immediate. It may also be possible to advance your court date. Hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The time limit on an ACD can be shortened but you would need the DA"s Office consent and need to have a very good and specific reason for making that request. You need to retain an experienced criminal defense attorney if you have any shot at this. When is the DAT date?
Call an attorney. The odds of getting a 2 day ACD are pretty slim.
I am a NY criminal defense attorney and a former Asst. DA. While I may feel knowledgeable about a great many things in life, please understand that this does not in any way, shape, or form, constitute legal advice. This is just my take on the question presented. To get an accurate assessment of your case, you need to meet with a lawyer in your area before proceeding forward.
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