Adjournment in Contemplation of Dismissal (ACD) in the Town of Manlius Court

If you have to appear in front of Judge O’Leary in the Town of Manlius Court and you may need to be able to explain what the definition of an Adjournment in Contemplation of Dismissal (ACD) is.

An ACD is “an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument.”

Once the accused individual is offered and accepts an ACD, he/she has either six months or a year—depending on the charges alleged—to meet whatever conditions are imposed on him/her by the judge.

If the accused individual meets those obligations, and neither the prosecution nor the judge move to restore the case to the active criminal docket, the accusatory instrument is deemed to have been dismissed by the court in furtherance of justice. N.Y. Crim. Proc. Law § 170.55 (McKinney 2016).

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