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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What is an Adjournment in Contemplation of Dismissal (ACOD)?

When people talk about the criminal justice system, usually the conversation revolves around three outcomes in criminal cases: taking a plea deal, being convicted at trial, or being acquitted at trial. However, there is one surprisingly common outcome that many people do not talk about, known as an adjournment in contemplation of dismissal (also called an ACOD or ACD). But what is an ACOD, and why might it matter to you?

Explaining the ACOD

Put simply, an adjournment in contemplation of dismissal is when a judge chooses to adjourn a criminal case, with the agreement of the prosecutor. Provided the defendant does not get rearrested or violate any terms of their release during the period of adjournment, which usually lasts no more than six months (or one year in cases involving family offenses), the case will automatically be dismissed. In effect, the case simply goes away, with no further need for future court dates.

The Benefits of an ACOD

One of the most important benefits of an ACOD is that it is not considered a criminal conviction, in the same way a plea deal is. This means there is no criminal record of the charge, and you do not need to report an ACOD to employers or to anyone else who might ask if you’ve been convicted of a crime. Provided you avoid getting arrested or any other issues, you can simply live your life and the charges against you will go away.

The Downsides of an ACOD

Unfortunately, an ACOD is not perfect. Judges can institute a number of conditions on your ACOD, which you must fulfill to get its benefits. Depending on the nature of your charges, this could include: making restitution to victims, attending mediation or other forms of alternative dispute resolution, attending rehab, or performing community service. If you fail to fulfill these conditions or get arrested again during the period of the ACOD, your charges could come back, at which point you will not likely get the benefit of an ACOD again.

How to Get an ACOD

To obtain an ACOD, first you must get the agreement of the prosecutor in your case, who decides whether it may be appropriate in your case. Second, the judge must agree to the ACOD to adjourn the case. Doing this on your own can be an extremely difficult proposition, which is why you should speak to a criminal defense lawyer who can advise you on your case.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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