My lawyer proffered my Class A misdemeanor and Class C felony charge of drugs and I was offered an ACD and drug rehab. I didn't realize a class felony charge can drop to an ACD without the Grand Jury being involved. Is this possible for the District Attorney to do this? Can the judge dispute the district attorney offer?
A prosecutor can dismiss a felony charge and offer an ACD off the misdemeanor. A judge must approve the Da's offer. Your post is not clear but it sounds like you might be getting offered a conditional plea with an ACD after completion of a drug program. Be careful as there is usually a jail alternative if you do not successfully complete the program. Make sure you fully understand the parameters of the deal. Good luck.
I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: [email protected] This answer is only for informational purposes and is not meant as legal advice.
Once you are indicted it may not be possible for the district attorney to offer an ACD on a felony drug charge. But if you weren't indicted yet the DA has discretion to simply drop any charge s/he likes and as such offering an ACD is a legal possibility. The judge would indeed have to go along with it and actually order it. Barring extraordinary circumstances (or the judge doesn't like you or the case for any particular reason) if the DA and the defense attorney make a joint application the court will usually go along with it. I sincerely hope that you have an attorney and you should be discussing this with him/her. If you do get the ACD (coming off of a C felony) you are a lucky man. Don't squander it and take advantage of the help you're being offered. Good Luck!
If the DA puts the charge in an SCI, Superior Court Information which is the equivalent of a Grand Jury Indictment, a lesser plea can then be taken or the charge can be further reduced allowing for an ACD.
The judge can refuse to accept such a disposition but these things should be negotiated in advance.
Joseph A. Lo Piccolo, Esq.
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)
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.
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