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Understanding Adjournment in Contemplation of Dismissals (ACD’s) in New York State

An Adjournment in Contemplation of Dismissal (“ACD) is a type of dismissal of criminal charges, set forth in N.Y. Criminal Procedure Law 170.55. An ACD may be entered into at any time before a defendant pleads guilty, or the commencement of the criminal trial. The ACD can be requested by the prosecutor, the defendant, or the court with the consent of both the prosecutor and the defense. An ACD “is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice.” Under 170.55 (8)

The granting of an adjournment in contemplation of dismissal shall not
be deemed to be a conviction or an admission of guilt.

Alcoholic Drink and Car Keys Under Spot Light.

How a DUI in New York Can Affect Your Career

NEW YORK. Iman Shumpert, the NBA’s Cleveland Cavaliers guard was recently arrested under suspicion of a DUI. The player was arrested when he was stopped for a lane violation. According to the Cavaliers, the NBA is monitoring the progress of the player’s case. It isn’t clear whether he will face suspension for his actions. Whether you’re an NBA basketball player, a doctor, or a professional, criminal violations, like DUIs, can have an impact on your career.

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Can Virtual Reality Increase Empathy Among Juries in Criminal Justice Cases?

NEW YORK. One of the biggest challenges in any criminal justice case faced by the criminal defense lawyer will involve the jury. In a criminal defense case, the jury is one of the great unknowns of trial. On a fundamental level, the jury is composed of strangers, who may have their own biases and ideas about justice Yet, there are many strategies a criminal defense lawyer can use to protect his or her client and gain a better understanding of the jury. For instance, supplemental juror questionnaires can allow a criminal defense lawyer to get to know the jurors better and uncover any potential biases.

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Staten Island’s Opioid Drug Epidemic Leads Some Treatment Programs to Recruit Patients

NEW YORK. According to NBC New York, Staten Island may see a 50 percent increase in overdose deaths in the next year. In preparation for a possible increase in the number of people who will require treatment, the Staten Island District Attorney has requested $1 million in funding so that individuals can be sent to treatment after their first arrest. The money would prevent first-time offenders from being sent to jail and would get them the treatment that they need. Individuals who are facing jail time for drug charges could then choose jail time or treatment.

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Possession Arrests for Marijuana Increasing in NYC

NEW YORK. Mayor Bill de Blasio’s policy change that decriminalized possession of small amounts of marijuana initially reduced the number of marijuana arrests in New York City. According to the Village Voice, between 2014 and 2015 misdemeanor marijuana arrests dropped by 56 percent. Individuals carrying 25 grams or less of marijuana would be issued a summons rather than face arrest under Bill de Blasio’s policy. Yet, recent data released by the New York State Division of Criminal Justice Services has found that in 2016, arrests for marijuana possession rose by 30 percent, even for the sale and possession of small quantities of marijuana.

Fraud

Justice Department Reveals Details of Largest Ever Medicaid Fraud Case

NEW YORK. The Justice Department recently revealed details about its largest ever criminal Medicaid fraud case. According to the Wall Street Journal, three people were charged with defrauding and improperly billing Medicaid and Medicare over $1 billion. The fraud ring included a range of co-conspirators, including doctors and pharmacists. The charges allege that the individuals involved paid and received bribes to get patients admitted to their nursing and assisted living facilities. Individuals in the facilities were allegedly given unnecessary treatments that were then billed to Medicaid and Medicare.

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Criminal Defense Attorney Discusses: Justice Department Finds Racial Bias in Police Department

NEW YORK. The Justice Department found that Baltimore police engage in racial bias. According to CNN, after the death of Freddie Gray in 2015, the year-long monitoring of the police department resulted in a recent report that found problems in training, policies, and accountability. The Department of Justice found that officers did not have the tools they needed to properly police the city. African Americans were found to be disproportionately discriminated against, faced more traffic stops, use of force, and jail time. The reality is that cities across the country are facing increased scrutiny because many police forces are known to not be equipped to handle the diverse populations they police.

prison

New York Possession Law: Obama Shortens Sentences for 214 Inmates

NEW YORK. Obama recently granted clemency to a record 214 inmates, many of whom were serving lifetime prison sentences for drug crimes. According to the Washington Post many of the inmates whose sentences were commuted had been found guilty of nonviolent drug crimes during the height on the war on drugs when mandatory minimums were more frequently used. The Obama Administration has been a strong advocate of criminal justice reform, fighting to lower long sentences for nonviolent drug offenders, and asking prosecutors to lower the rates at which they use mandatory minimum sentencing on these offenders.

Prison

Private Prison Vans May Violate Prisoner’s Rights

NEW YORK. When prisoners need to be extradited, they may be transported to other counties and states in for-profit vans run by small private companies. Prisoners can be kept for hours on end, in tightly-packed conditions, with no room to lie down. In some cases, prisoners are not given bathroom breaks. In other instances, they are kept in excessively hot conditions with no air conditioner. According to the Marshall Project, some of these prisoners may not even have yet been convicted of a crime when they are subject to sometimes inhumane transport conditions.

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Addicted to K2? NYC Possession Attorney Discusses Options

NEW YORK. K2 is a form of synthetic cannabis that simulates the effects of marijuana. However, K2 is, in fact, quite different from marijuana, and its effects can lead to hospitalizations, comas, and, in some cases, death. According to NBC News, individuals have suffered from kidney damage, have required dialysis, and have suffered heart attacks and strokes from K2 use. The frightening reality is that many young people may use these drugs, unaware of the critical difference between K2 and marijuana. In some cases, individuals become addicted. Recently, 33 people were hospitalized for overdosing on K2.