Criminal Case Dispositions- ACD vs. Violation

Many clients are offered plea bargains during the pendency of their case, and often low level misdemeanors are given two possible options, an adjournment in contemplation of dismissal (ACD) or a violation.  Here are the differences:


Adjournment in Contemplation of Dismissal (ACD)

   An ACD does not require the defendant in a criminal action to plead guilty to anything.  Instead, the court adjourns the case for a period of six months to one year and, assuming all conditions are complied with and the defendant does not incur any new criminal charges during that time, the case is dismissed and the record sealed.  Some conditions can include payment of a fine, community service, and completion of anger management.  The ACD ultimately has the same effect as an outright dismissal and often this disposition is offered even where the Assistant District Attorney knows their case is too weak to continue to trial or there are other technical issues which could impact the case.

  In cases where an ACD has been offered, and accepted, at the expiration of the adjournment period the defendant's record will be dismissed, sealed, and the defendant is restored to their pre-arrest status.  All papers and records relating to the case must be sealed, meaning that no one will be able to locate or view them.  If you are asked on a job application if you have ever been arrested you can legally answer "no".  Even if you were to try and view your case file at the courthouse after the case has been dismissed and sealed, the clerk's office would tell you there is no active or inactive record of the case.

Violations

   A violation is defined by the NY Penal Law in Section 10.00 (3) and refers to an offense, other than a "traffic infraction" for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.  Generally when a defendant pleads to a violation it is to a disorderly conduction violation, pursuant to Penal Law Section 240.20.  It's entirely possible that 'disorderly conduct' in no way describes what actually occurred and this plea is often referred to as one of legal fiction (meaning that while not true, it allows both sides to accomplish certain objectives, namely a non-criminal disposition). 

   The violation does not end in a dismissal as the ACD does, however, even the Judge will tell you that a violation is a NON-CRIMINAL disposition that is similar to a parking ticket.  Additionally, the violation is sealed after one year and therefore will not effect most job background searches.

What's Better? 
   An ACD is certainly any defense attorneys ultimate goal when negotiating a plea in a criminal proceeding but often, even after a lot of time and hard work, it is simply not offered.  However, a violation is just one step above an ACD and still allows the defendant to avoid most criminal ramifications that a conviction could cause.  Certainly, both the ACD and the violation are much more favorable to a misdemeanor or felony conviction and all options should be thoroughly discussed with your attorney.