What is the ACD Legal Term: All You Need to Know

What Is the Legal Meaning of ACD?

The ACD in legal terms refers to a strict version of a deferred sentence to the accused. A defendant, who pleads guilty, or is found guilty, on certain misdemeanors may be sentenced by the Judge, as a condition of their sentence, to return to Court later to have the sentence vacated, provided that the defendant commits no further offenses, and has complied with any other conditions that the Court imposed.
The prosecution, prior to the defendant’s return to Court may, as a condition of their agreeing to vacate the sentence, move before the Court to either make a finding of guilt or to impose the sentence, should the Prosecutor not waiver in their belief that there was a sufficient basis in law, or in fact, for a conviction at trial or through guilty plea by the accused . An accused can object to the Prosecutor’s motion, and argue at the prosecutor’s motion, but unless the accused is successful, upon such objection, the Judge will either impose the sentence, or make a finding of guilt. In either case, the Judge will not impose the sentence if the accused had previously complied with the conditions of their sentence.
The phrase ACD is an acronym for the phrase adjourned in contemplation of dismissal. The phrase itself carries the meaning of a legal term that means a case which has been adjourned for a deferred sentence to an accused.

How ACD Differs in Other Jurisdictions

Differences in the Application of ACD Across Jurisdictions
While the general concept and objectives of ACD remain consistent, its implementation can vary greatly across legal jurisdictions. On a broad level, however, the differences in application may be distilled down into four generational variations of ACD based on when a federal or state statute was enacted. Older jurisdictional statutes generally adopt less nuanced, black and white approaches that offer littler room for discretion to the proffering party’s directives. Newer statutes may embed more robust procedural safeguards intended to promote neutrality and evenhandedness to parties on both sides of the proverbial bar.
The above distinctions can be readily seen from Maine statute on the subject, which provides:
Court determinations under this chapter must be based on the standards set forth in the policy manual adopted pursuant to section 3103, subsection 3. A court using the policy manual standards shall not be bound by the manual in a way that limits the discretion of the court to an articulable degree.
Though the statute ultimately allows the court discretion beyond the articulated standards, it nonetheless represents a progressive approach to endorsing the utilization of neutral industry standards to shape court conduct. Many states and jurisdictions lack similar statutory provisions and instead have relied on the good faith of the proffering party to shape the process fairly.
Further, some states and jurisdictions may require formal applications to be completed, filed with the court, heard on the record, and responded to by opposing parties, depending on the circumstances. Other jurisdictions may choose to adopt a more informal and conversational atmospheres in which practitioners are expected to operate under professional codes of ethics and rules of civility designed to protect all parties. Still more jurisdictions may choose to forego formalization altogether with informal meetings and relationships among industry and counsel accepted as "the way the game is played."
Within the Federal system, a few cases and rulings have served to create a body of binding authority dedicated to ACD standards and procedures. For example, the U.S. Court of Appeals for the Second Circuit provides:
The district courts should apply two distinct standards at successive stages in a proceeding to determine whether to grant disclosure on demand: the first governs the manner and timing of disclosures and the second determines whether any asserted interest supports their enforcement.
The Second Circuit went on to review a number of other U.S. cases on the subject, including some enunciated in other circuits, reiterating a strict approach to judicial discretion in the issuance of protective orders for disclosure. Still, some jurisdictions remain prone to a more lax approach that fails to promote the sanctity of the adversarial system. A marked lack of consistency between jurisdictions serves to add a random element that is not ideal for those relying on ACD to yield an equitable result.
A vigilant practitioner should seek any available local rules, procedures, precedents, or standards related to the use of and application of ACD. Further, a request for ACD will almost always require some measure of persuasion and even the most upstanding of attorneys should remain cognizant of the fact that there is no universal set of rules governing the issue.

Pros and Cons of ACD

The defendants advantages to the ACD may include: first, that if the case is dismissed at the end of the six month period due to the defendant’s compliance with the terms, an arrest record or court file will not exist. Second, within certain guidelines, a defendant might be able to negotiate ALEA as an alternative to simple misdemeanor charges. Third, in the event that the facts do not support a legal justification for the initial arrest, the defendant might be able to secure a dismissal of the charges by asserting the defense of illegal arrest. Fourth, the defendant benefits because an ACD avoids the collateral consequences that convictions carry such as civil liability especially in the area of insurance benefits and incarceration.
However, there are also some disadvantages for the defendant to consider. First, the defendant will not be put on trial. Second, the defendant will not have the opportunity to clear his/her name. This is not normally the case in the ACD. While an ACD will not carry with it the collateral consequences of a conviction the defendant will be required to comply with the conditions or conditions of the ACD. Defendant should understand the conditions of the ACD and be committed to complying with them. Finally, while an ACD may not contain any formal conditions those conditions may be inferred from the agreement. For example, a defendant may be required to maintain any license in order to avoid violations or become eligible for an upgrade or reduction.
On the other hand, the prosecutor may benefit from the ACD because the ACD provides comport with the requirements of NLP and the CPL. It also permits the prosecution to provide rehabilitative services to the defendant. Further, the ACD may minimize the costs of trials and pleas which may require less manpower and financial resources. Finally, the ACD provides an easy means to dispose of cases, thereby eliminating backlogs of cases that may be seriously backlogged.
The prosecutor may find some disadvantages to an ACD. First, one disadvantage is that the ACD may not afford the prosecutor the opportunity to obtain a conviction or to impose the maximum punishments for plea bargain. Second, the prosecutor may find that DNAP has limited application to many cases for which a plea bargain may be more appropriate. Third, the defendant may benefit from rehabilitative services that keep him/her out of the criminal justice system.

Typical Uses for ACD

ACD agreements can be appropriate in many different circumstances. However, there is a specific protocol that prosecutors and law enforcement must follow and a general set of guidelines in order to offer an ACD. Although it is not guaranteed or mandatory that a prosecutor offer an ACD on any particular case, certain offenses are far and away more likely to have an ACD offered to the accused upon addressing the court, for example:
Individuals accused of Driving While Intoxicated (DWI) may be offered an ACD if there are no aggravating factors present. A person who has never been arrested for DWI before and is not found to have a blood alcohol concentration (BAC) above 0.15 may be offered an ACD. Purely annoying criminal offenses such as Disorderly Conduct, Harassment, Criminal Mischief, Criminal Trespass often qualify for ACDs. AN ACD may also be appropriate for individuals who have been accused of drug or property crimes if no one was injured and there are no aggravating circumstances to the alleged offenses.
Since ACD agreements are up to the discretion of the prosecutor, there is no real way to predict who will receive an ACD and who will not. ACDs are not guaranteed for a certain offense either. While many minor offenses qualify for an ACD, not everyone is given the opportunity. Each case should be thoroughly reviewed and discussed with an attorney to determine if an ACD is available.

Obtaining an ACD

ACD is an acronym for Adjournment Contemplating Dismissal. It is a legal term which is thrown around on a daily basis in the NY criminal court system, especially when you are charged with a minor crime or misdemeanor. It means that the case is adjourned to a later date contemplating its dismissal. What happens on that adjourned date? The case is dismissed. However, if you fail to complete the terms of the ACD, the case will be up to the judge for disposition. So, how do you obtain an ACD? First and foremost, you MUST be a first time offender and a misdemeanor charge. You cannot obtain an ACD for a violent felony or sex crime. Additionally, each borough has its own "rules" and conditions for an ACD . Manhattan then perhaps Brooklyn, Bronx, Queens and lastly Staten Island. Let’s dig a little deeper…Manhattan requires either a two or six month ACD condition (depending on the type of case), no fine, no victim contact, no trespass, and of course no new arrests. Plus, after six months, your record is automatically sealed. Sounds good? Well, it used to but not anymore. Now, at the six month adjourned date, the assistant district attorney (ADA) is waiting to send you out the door with a "no plea deal" unless you agree to participate in a Vocational/Educational program. So, although the ACD can remain in effect for six full months, is it well worth it if there are further conditions imposed? Not necessarily.

How An ACD Affects Future Offenses

An ACD is not a conviction, however it does have long-lasting consequences. An ACD may result in the case being used as a prior for sentencing for future crimes. In other words, if a defendant is charged with a crime in the future and they have a prior conditional discharge, their ACD can be used to sentence them in the new case as though they had been convicted of that crime. For example, if an individual is charged with Possession of a Controlled Substance and gets an ACD, the possibilities of a sentence include an ACD and a $100 fine or the minimum of probation. The Prosecutor may ask the Court for a period of transfer; however, the Judge may or may not impose probation depending on a number of factors including whether or not the individual is showing signs of addiction or their likelihood of re-offending. If the same individual is charged with Unlawful Possession of Marijuana and plea down to an ACD, his prior conditional discharge will be used as a prior conditional discharge for sentencing requirements of future Possession or Distribution of Marijuana charges. Similarly, if an individual pled to an ACD for Criminal Mischief in the Third Degree (a felony) and is subsequently charged with a disorderly persons offense in the Municipal Court, they will be subject to a probationary term instead of just facing a potential fine of $100.

Real-world Examples and Case Studies

The concept of ACD is not just academic. Numerous real-world cases bring to light its significance in financial transactions. A landmark corporate merger, for instance, relied heavily on the commitment provided by an investor that ACD would remain intact as part of the agreement to purchase. Even when markets shift and prices change, agreements that include ACD commitments are more likely to hold steady and deliver the deals as intended.
One major pharmaceutical company used the ACD model as part of their global M&A deal, where one country’s transition from state-run to private ownership had a dramatic effect on the price commitments made in a business deal. To ensure integrity, the ACD model included regular resets throughout the transaction that accounted for changes in the marketplace .
There have also been uses of ACD in complex factoring transactions. For instance, a factorer heading up a large factoring center needed to ensure that a sizable multinational client remained with the factorer after several years of development. The large factoring operation required the client to post collateral. ACDs were chosen in such a way that if the client increased its revenue by a certain amount, the factorer would hold onto that amount in collateral, along with interest. When the business grew as expected, both the factorer and the client were better off.
These examples highlight the versatility and importance of ACD in a multitude of applications.