What happens when someone is charged with ACOD? 2 Answers as of May 24, 2011

Brother got an ACOD in May of 2010, they gave him conditions i.e.: Community Service, MADD, O/P Drug Treatment & "be gainfully employed or in school full-time". Now, my brother lost the paperwork & a year has gone by. I looked his name up on the NY Court site & it says he has an upcoming court date, it says "ACOD" but it has no "part". He left the Drug Treatment program last year because he wasn't smoking "marijuana" any way. He had broken up with his girlfriend the night of the incident & had been smoking marijuana in the car. They charged him with speeding & the top charge was "possession of marijuana" he was a 1st time offender. In any case, He didn't do Community Svc, MADD or finish drug treatment. He's been unemployed as well. What is the worse case scenario? He's got a week.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Generally an ACOD means that the case is adjourned for 1 year in marijuana cases and if you do not get into trouble during that time the case will be automatically dismissed on that date., without having to show up in court on the dismissal date. That is why there is no part listed. However since there are conditions put on the ACOD and he did not fulfill those conditions, the case can be restored to the calendar ( like starting over). he should hire an attorney.
Answer Applies to: New York
Replied: 5/24/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
In your summary you state that your brother had a possession of marijuana charge and received an ACD delayed dismissal. The terms of that dismissal were that he attend drug treatment, do community service and be gainfully employed or be in school full-time. He has not complied with any of these terms and you say he lost the paperwork and stopped going to the drug treatment because 'he wasn't smoking pot anyway". The judge will not be pleased that he had failed to obey the terms of the ACD and it will not be granted. The original charges will now be reinstated and the DA and his lawyer will start over to try and negotiate a plea or set the matter for trial. He will probably not serve jail time but he may now have a criminal record and be placed on probation. If he violated the terms of his probation or gets arrested he will face a year in jail or less. Your brother should retain an experienced criminal attorney to represent him since he now faces a potential jail term and the court is going to be very upset that he totally ignored the ACD terms. He seems to be fairly irresponsible and does not appreciate the seriousness of having a criminal record. You will be doing him a favor if you can convince him to get in line and take the matter seriously before it is too late.
Answer Applies to: New York
Replied: 5/23/2011
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