Dismissals of cases come happen in a number of ways. This video discusses a complete dismissal of a marijuana case because the police neglected to file the charges with the Court in a timely manner.
Even if the case was filed properly (timely) first time offenders being charged with most New York marijuana offenses may be able to use a special statute to get a delayed dismissal under section 170.56.
The Problem:
A delayed dismissal (ACOD) is still a "conditional" one.
An ACOD (adjournment in contemplation of dismissal) for Marijuana is when the Court grants a putting aside (kinda like suspending the proceedings) of charges AND IF you do not get re-arrested within the next 6 months then the charge will be completely dismissed. This is a CONDITION.
Any Condition Holding Over You Can Be a Big Problem
These can be problematic for those about to enter certain branches of the armed services, or a professional degree program (doctor, lawyer, etc.). Professional schools of education also want you unencumbered by Court conditions
Some branches of military service don't consider this a true Court condition but others do. The government generally does not want anyone to hold any authority over you except them. Always check with your recruiter to see if an ACOD will be a problem before accepting this as a plea bargain.
Another potential remedy to plea bargain in lieu of the ACOD may either be a straight dismissal with community service or a changing of the marijuana charge to a disorderly conduct (violation).
Consult with a knowledgeable marijuana defense attorney
before preceding to Court.
I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.
newman.lawrence@gmail.com
607-229-5184
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Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
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