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)
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.
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.
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!
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 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. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com