In New York State, a "Misdemeanor" means an offense, other than a traffic infraction, "for which a sentence to a term of imprisonment in excess of fifteen (15) days may be imposed, but for which a sentence to a term of imprisonment in excess of one (1) year can not be imposed. In New York State, there are three (3) classes of Misdemeanors: "A" Misdemeanors, "B" Misdemeanors, and "Unclassified" Misdemeanors. Class "A" Misdemeanors are punishable by up to one (1) year in jail, three (3) years of probation, and up to a fine in the amount of $1,000.00 or twice the amount of the individual's gain from the crime may be imposed. Some examples of Class "A" Misdemeanors are Assault in the 3rd Degree, Criminal Mischief in the 4th Degree, Criminal Contempt in the 2nd Degree, Petit Larceny, and Criminal Possession of a Controlled Substance in the 7th Degree. Class "B" Misdemeanors are punishable by up to ninety (90) days in jail, one (1) year of probation, and up to a fine in the amount of $500.00 or twice the amount of the individual's gain from the crime may be imposed. Some examples of Class "B" Misdemeanors include Menacing in the 3rd Degree, Criminal Trespass in the 3rd Degree, Reckless Endangerment of Property, and False Personation. "Unclassified" Misdemeanors are any offenses not defined in the Penal Law (other than a traffic violation) for which a sentence of imprisonment of greater than fifteen (15) days but not in excess of one year may be imposed. Some examples of Unclassified Misdemeanors in include Driving While Intoxicated, Driving With a Suspended License in the 2nd or 3rd Degree and Speed Contest. Regardless of whether you were arrested for a DWI in Levittown, Driving with a Suspended License in Massapequa, Criminal Mischief in Wantagh, Marijuana Possession/Sale in Bellmore, Petit Larceny at the Roosevelt Field Mall in Garden City, Credit Card Fraud at the Walt Whitman Mall in Huntington, or Identity Theft at the Green Acres Mall in Valley Stream, you need to call Michael A. Arbeit, P.C. immediately for a free and confidential consultation. Mr. Arbeit is an excellent choice for a Misdemeanor Long Island Criminal Defense Attorney.
View Misdemeanor Practice Areas In Nassau County, all Non-Indicted Arraignments are held at the First District Courthouse located at 99 Main Street, Hempstead, New York 11550. Arraignments are also held at the City of Glen Cove located at 13 Glen Street, Glen Cove, New York 11542 and the City of Long Beach located at One West Chester Street, Long Beach, New York 11561. In Suffolk County, all Non-Indicted Arraignments are held at the First District Courthouse located at the John P. Cohalan, Jr. Court Complex, 400 Carleton Avenue, Central Islip, NY 11722. In Queens County, all Non-Indicted Arraignments are held at the Queens Criminal Court Building located at 125-01 Queens Boulevard, Kew Gardens, New York 11415. If you were recently arrested or charged with any type of a Misdemeanor Crime, contact Michael A. Arbeit, P.C. immediately so that we can formulate an effective defense strategy to protect your rights and livelihood. For many first offenders, the District Attorney's Office may consent to an application for an Adjournment in Contemplation of Dismissal (also know as an ACOD or ACD). It is a deferred prosecution in which if the defendant stays out of trouble for a period of time (usually 6 months or 1 year), the case will be dismissed a s a matter of law. New York State Criminal Procedure Law Sections 170.55 and 170.56 pertain to ACOD's. Section 170.55 Adjournment in contemplation of dismissal. 1. Upon or after arraignment in a local criminal court upon an
information, a simplified information, a prosecutor's information or a
misdemeanor complaint, and before entry of a plea of guilty thereto or
commencement of a trial thereof, the court may, upon motion of the
people or the defendant and with the consent of the other party, or upon
the court's own motion with the consent of both the people and the
defendant, order that the action be "adjourned in contemplation of
dismissal," as prescribed in subdivision two.
2. An adjournment in contemplation of dismissal is an adjournment of
the action without date ordered with a view to ultimate dismissal of the
accusatory instrument in furtherance of justice. Upon issuing such an
order, the court must release the defendant on his own recognizance.
Upon application of the people, made at any time not more than six
months, or in the case of a family offense as defined in subdivision one
of section 530.11 of this chapter, one year, after the issuance of such
order, the court may restore the case to the calendar upon a
determination that dismissal of the accusatory instrument would not be
in furtherance of justice, and the action must thereupon proceed. If the
case is not so restored within such six months or one year period, the
accusatory instrument is, at the expiration of such period, deemed to
have been dismissed by the court in furtherance of justice.
3. In conjunction with an adjournment in contemplation of dismissal
the court may issue a temporary order of protection pursuant to section
530.12 or 530.13 of this chapter, requiring the defendant to observe
certain specified conditions of conduct.
4. Where the local criminal court information, simplified information,
prosecutor's information, or misdemeanor complaint charges a crime or
violation between spouses or between parent and child, or between
members of the same family or household, as the term "members of the
same family or household" is defined in subdivision one of section
530.11 of this chapter, the court may as a condition of an adjournment
in contemplation of dismissal order, require that the defendant
participate in an educational program addressing the issues of spousal
abuse and family violence.
5. The court may grant an adjournment in contemplation of dismissal on
condition that the defendant participate in dispute resolution and
comply with any award or settlement resulting therefrom.
6. The court may as a condition of an adjournment in contemplation of
dismissal order, require the defendant to perform services for a public
or not-for-profit corporation, association, institution or agency. Such
condition may only be imposed where the defendant has consented to the
amount and conditions of such service. The court may not impose such
conditions in excess of the length of the adjournment.
6-a. The court may, as a condition of an authorized adjournment in
contemplation of dismissal, where the defendant has been charged with an
offense and the elements of such offense meet the criteria of an
"eligible offense" and such person qualified as an "eligible person" as
such terms are defined in section four hundred fifty-eight-l of the
social services law, require the defendant to participate in an
education reform program in accordance with section four hundred
fifty-eight-l of the social services law.
7. The court may, as a condition of an adjournment in contemplation of
dismissal order, where a defendant is under twenty-one years of age and
is charged with (a) a misdemeanor or misdemeanors other than section
eleven hundred ninety-two of the vehicle and traffic law, in which the
record indicates the consumption of alcohol by the defendant may have
been a contributing factor, or (b) a violation of paragraph (a) of
subdivision one of section sixty-five-b of the alcoholic beverage
control law, require the defendant to attend an alcohol awareness
program established pursuant to subdivision (a) of section 19.07 of the
mental hygiene law.
8. The granting of an adjournment in contemplation of dismissal shall
not be deemed to be a conviction or an admission of guilt. No person
shall suffer any disability or forfeiture as a result of such an order.
Upon the dismissal of the accusatory instrument pursuant to this
section, the arrest and prosecution shall be deemed a nullity and the
defendant shall be restored, in contemplation of law, to the status he
occupied before his arrest and prosecution.
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking,
stopping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to
parking, stopping or standing), if such offense was committed by the
holder of a commercial driver's license or was committed in a commercial
motor vehicle, as defined in subdivision four of section five hundred
one-a of the vehicle and traffic law.
Section 170.56 Adjournment in contemplation of dismissal in cases involving marihuana.
1. Upon or after arraignment in a local criminal court upon an
information, a prosecutor's information or a misdemeanor complaint,
where the sole remaining count or counts charge a violation or
violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the
penal law and before the entry of a plea of guilty thereto or
commencement of a trial thereof, the court, upon motion of a defendant,
may order that all proceedings be suspended and the action adjourned in
contemplation of dismissal, or upon a finding that adjournment would not
be necessary or appropriate and the setting forth in the record of the
reasons for such findings, may dismiss in furtherance of justice the
accusatory instrument; provided, however, that the court may not order
such adjournment in contemplation of dismissal or dismiss the accusatory
instrument if: (a) the defendant has previously been granted such
adjournment in contemplation of dismissal, or (b) the defendant has
previously been granted a dismissal under this section, or (c) the
defendant has previously been convicted of any offense involving
controlled substances, or (d) the defendant has previously been
convicted of a crime and the district attorney does not consent or (e)
the defendant has previously been adjudicated a youthful offender on the
basis of any act or acts involving controlled substances and the
district attorney does not consent.
2. Upon ordering the action adjourned in contemplation of dismissal,
the court must set and specify such conditions for the adjournment as
may be appropriate, and such conditions may include placing the
defendant under the supervision of any public or private agency. At any
time prior to dismissal the court may modify the conditions or extend or
reduce the term of the adjournment, except that the total period of
adjournment shall not exceed twelve months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed. If
the case is not so restored to the calendar during the period fixed by
the court, the accusatory instrument is, at the expiration of such
period, deemed to have been dismissed in the furtherance of justice.
3. Upon or after dismissal of such charges against a defendant not
previously convicted of a crime, the court shall order that all official
records and papers, relating to the defendant's arrest and prosecution,
whether on file with the court, a police agency, or the New York state
division of criminal justice services, be sealed and, except as
otherwise provided in paragraph (d) of subdivision one of section 160.50
of this chapter, not made available to any person or public or private
agency; except, such records shall be made available under order of a
court for the purpose of determining whether, in subsequent proceedings,
such person qualifies under this section for a dismissal or adjournment
in contemplation of dismissal of the accusatory instrument.
4. Upon the granting of an order pursuant to subdivision three, the
arrest and prosecution shall be deemed a nullity and the defendant shall
be restored, in contemplation of law, to the status he occupied before
his arrest and prosecution. |