Minor Criminal offense in NY; ACD
Sec 170.55 ACDIn New York, upon or after arraignment in a local court, and before entry of a plea of guilty, either the court, or defense, or prosecution, with consent of the other parties may adjourn the case, usually for six months, with the idea that the matter will be dismissed if there are no further violations of the law.
Many jurisdictions use this statute for small shoplifting cases (depending on the county, $100.00 or less; the same for criminal mischief. Usually it will also be done for first time offenders, students, elderly defendants, and others where there is an equitable argument to be made that such a motion is done in the furtherance of justice.
There may be conditions attached, such as the performance of community service. Orders of protection may be issued.
The ACD is not a finding of guilt, nor is it a termination in favor of the accused that would otherwise allow an arrestee to sue for wrongful arrest.
Sec 170.56This section pertains to marihuana. The prosecution does NOT need to consent, and this may be done by the court at arraignment. It is for first time offenders, and is for possession of small amounts of marihuana charged with penal law secs.: 221.05, 221.10, 221.15, 221.35 or 221.40