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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



How does adjournment in contemplation of dismissal (ACD) in New York work?

Adjournment in Contemplation of Dismissal

During or after arraignment in a local criminal court and before entry of a guilty plea or commencement of a trial, the court may, on motion of the people or the defendant and with the consent of the other party, or on the court’s own motion with the consent of both the people and the defendant, order that this action be what is called “adjourned in contemplation of dismissal.”

An adjournment in contemplation of dismissal is an adjournment of action without a date ordered, and with a view to ultimately dismiss the accusatory instrument. On issuing such an order, the court is required to release the defendant on their own recognizance. On application of the people, made at any time earlier than six months, or in the case of a family offense, one year, after issuing the order, the court is allowed to restore the case to the calendar on a determination that dismissal of the accusatory instrument wouldn’t further justice in the case, and the action must then proceed. If the case isn’t restored within that six month or one year period, the accusatory instrument is, at the expiration of either period, deemed to have been dismissed by the court.

Temporary Order of Protection

In conjunction with an adjournment in the contemplation of dismissal, the court is allowed to issue a temporary order of protection that requires the defendant to observe certain conditions of conduct.

Where the local criminal court information charges a crime or a violation between spouses or between a parent and a child, or between members of the same family or household, the court may require as a condition that the defendant must participate in an educational program that addresses issues of spousal abuse and family violence.

Adjournment Granting

The court is allowed to grant an adjournment in contemplation of dismissal on the condition that the defendant must participate in dispute resolution and afterward comply with any award or settlement resulting from it.

As a condition of an adjournment in contemplation of dismissal order, the court’s allowed to require the defendant to perform some services for a public or not-for-profit corporation, association, institution or agency. This condition may only be imposed when the defendant’s consented to the amount and conditions of the service. The court is not allowed to impose these conditions in excess of the length of the adjournment.

As a condition of an adjournment in contemplation of dismissal where the defendant’s been charged with an offense and the elements of the offense meet the criteria of an eligible offense and the person qualified as an eligible person, the court is allowed to require the defendant to participate in an education reform program.

As a condition of an adjournment in contemplation of dismissal where a defendant is under twenty-one years of age and is charged with a misdemeanor or misdemeanors, and also in which the record indicates that the consumption of alcohol by the defendant might’ve been a contributing factor, or a violation of the alcoholic beverage control law, the court is allowed to require the defendant to attend an alcohol awareness program established pursuant to the mental hygiene law in the state of New York.

Adjournment procedures can seem complicated, and oftentimes are, but that doesn’t mean that you can’t use the law to your benefit under the best practices available.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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