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    LeadTheTurn's Avatar
    LeadTheTurn Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2009, 09:24 PM
    How to get an ACD
    Hi all. I have a summons in Brooklyn, New York for a Trespass violation (140.05).

    I was told that the most common consequences would be some combination of ACD, community service, and fine.

    I am employed and have no criminal record.

    Is there anything I can/should do to try to get an ACD? Anyone to talk to before the court date?

    Thanks in advance!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Apr 3, 2009, 05:39 AM

    Hello L:

    Hire an attorney.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Apr 3, 2009, 06:23 AM

    I am in NY - without knowing the circumstances it is difficult to say. Were you on Government property? Were you asked to leave but refused?

    Why were you ticketed (arrested) and not warned?

    Yes, I agree with Excon - if you want to be safe, retain an Attorney. Sounds like an ACD, restitution, etc. but you can't be sure - and it depends (again) on circumstances.
    LeadTheTurn's Avatar
    LeadTheTurn Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Apr 3, 2009, 10:15 AM
    Quote Originally Posted by JudyKayTee View Post
    I am in NY - without knowing the circumstances it is difficult to say. Were you on Government property? Were you asked to leave but refused?

    Why were you ticketed (arrested) and not warned?

    Yes, I agree with excon - if you want to be safe, retain an Attorney. Sounds like an ACD, restitution, etc., but you can't be sure - and it depends (again) on circumstances.
    It was not government property. I was asked to leave by a security guard and left immediately. I was ticketed after the fact when officers questioned me about being on the property.
    rainacidbeer's Avatar
    rainacidbeer Posts: 92, Reputation: 6
    Junior Member
    		  
    #5

    Apr 5, 2009, 11:44 AM
    Since it's a violation and you left when asked,there a chance they might just dismiss it. I would call the court and see if a legal aid is available. Is hiring a lawyer worth it and could the legal aid do just as well? I went to court in NYC for a open container,there were other people there for the same thing,disorderly conduct,etc. I noticed some people used a legal aid there,he asked for a dismissal or an acd . Keep in mind if for some reason your charged w. something more serious they may not offered the acd more then once. If your going to hire a lawyer I would shoot for getting the charge dismissed.

    If a legal aid is available to you and they explained what happened,there a good chance for an acd.
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