What will happen if i have an ACD for possession of marijuana and get introuble again with possession of marijuana ?
2 attorney answers
If you were still in the ACD period from the first offense, the original UPM can be restored to the calendar and you can prosecuted on that all over again in addition to the new UPM. If you are not still in the ACD period this second offense will simply be treated as a second offense. Either way, the law does not allow you to be granted another ACD (at least automatically) on this new UPM offense. Keep in mind that if you are receiving educational financial aid a conviction of any drug possession offense can jeopardize your ability to continue to receive financial aid. You should speak with an experienced criminal defense attorney who will be able to better advise and guide you after speaking with you about your specific situation.
The information provided in this response is for informational purposes only and does not constitute legal advice nor does it establish an attorney-client relationship/privilege. This is attorney advertising. Prior results do not guarantee a similar outcome.
The original charges you received an ACD for can be restored to the calendar. If it is in the same county, it is more likely that this will happen (sometimes across counties it is less likely to get noticed/flagged). When you took the ACD, one of your conditions was that you would not get "re-arrested;" by violating that condition, you have violated the terms of your ACD. The new charges, therefore, can revive the original case where you received the ACD. You are also no longer automatically eligible for an ACD under NY CPL 170.56 (which requires that you have not been previously granted an ACD). However, you are eligible for an ACD under CPL 170.55. The good news is that after August 28, 2019, marijuana possession, based on the facts you provided, can only be charged as a violation and not a crime.