This form is an official State of New York Family Court sample form, a detailed Order of Adjournment in Contemplation of Dismissal. Available for download in Wordperfect, Adobe pdf formats.
Queens New York Order of Adjournment in Contemplation of Dismissal (ACD) is a legal term used in the New York State criminal court system. It is utilized as a means to temporarily defer or adjourn a criminal case, with the potential for dismissal if certain conditions and requirements are met by the defendant. ACD is a favorable outcome for individuals facing non-violent misdemeanor charges or violations in Queens, New York. When a case is adjourned in contemplation of dismissal, it essentially means that the court has decided to postpone further proceedings for a specified period, usually six months to one year. During this adjournment period, the defendant must fulfill particular obligations, such as maintaining good behavior, attending required counseling or treatment programs, or completing community service. These conditions will be determined based on the nature of the offense and the individual circumstances of the case. If the defendant successfully complies with all the requirements within the given timeframe, the court will dismiss the charges against them. Although the case itself is dismissed, it is crucial to note that the arrest record does not automatically get expunged. However, the defendant can later petition the court for sealing or expungement to remove the arrest from public records under certain circumstances. It is worth mentioning that there may be different types of Queens New York Order of Adjournment in Contemplation of Dismissal, categorizing cases based on specific circumstances. Some examples of these variations include: 1. Substance Abuse ACD: This type of ACD is commonly offered in cases related to drug possession, where the defendant may be required to attend substance abuse counseling or rehabilitation programs. 2. Theft ACD: In cases involving theft or shoplifting charges, the defendant might have to complete restitution payments to the victim or attend theft prevention classes, alongside other conditions. 3. Harassment ACD: When someone is charged with harassment, the court may require them to partake in anger management or conflict resolution programs during the adjournment period. 4. Trespassing ACD: Defendants accused of trespassing may need to complete community service or abide by specific stay-away orders, avoiding contact with the location in question. Queens New York Order of Adjournment in Contemplation of Dismissal is a valuable tool that provides individuals a second chance to redeem themselves and avoid a permanent criminal record. It aims to encourage personal growth, rehabilitation, and reduce the burden on the criminal justice system, ultimately benefiting both the defendant and the community.