An ACD is normally only available to a first offender and usually only offered in cases in which the Defendant was solely charged with a Misdemeanor. However, every once in awhile, the case is sufficiently weak that the DA will make such an offer of an ACD if and when asked by the Defendant or his/her counsel. To make the request, simply ask for it when conferencing the case with the DA and see what they say. That's about it. They will likely say no because you are also charged with a felony, but, again, give it a try. The only thing they can say is no if they do not wish to grant it to you.
This answer is not intended to form an attorney/client relationship and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.
There are no specific requirements that allows somone to get an ACD on these type of charges. You are charged with a serious crime and an ACD is not likely under the DA's case totally collapses pre-indictment. I am a former federal and State prosecutor and now handle criminal defense so feel free to check out my web site and contact me if you wish to retain counsel.
The above is for informational purposes only and not meant as legal advice.
In order for you to be granted an ACD the prosecutor would have to offer it and the judge would have to go along with it. There are no formal requirements, however if you had an ACD in the past you probably will not get another one. The best approach would be to provide some facts to your attorney about your background that is positive that he or she can present to the prosecutor to demonstrate why you deserve such lenient treatment.
Note: For informational purposes only.
It's not easy to get an ACD off a felony charge, but if you have no prior criminal convictions and you are not a citizen, you need to give careful consideration as to whether pleading guilty to a misdemeanor is really the best you can do or in your best interests. It's not possible to give you specific advise without sitting down with you and reviewing the case file. If you have uncertainty about the plea, you may want to consider getting a second opinion from an experienced criminal lawyer in NYC.
Please feel free to contact me with any questions.