ACOD related question

[ellaweeze123]

hi. i live in NY. summer of 2008 i got arrested for criminal possession of marijuana. they gave me ACOD which is due to end Dec 3rd 2009. un luckily i was arrested 2 nights ago (11/25/09) and received another charge for cpm with a court date of feb 4th. my question is since "innocent to proven guilty" and i won't be seen in court for the new charge til after the ACOD for the old one ends.... can the new arrest affect the ACOD? no judgements please, just some advice. thank you.

 

[dave33]

Yes,I believe it will be considered a violation of the terms.

 

[FlyingRon]

When you're proven guilty, you'll be proven guilty of the violation during your ACD probation and that could very well screw the dismissal.

 

[cyjeff]

hi. i live in NY. summer of 2008 i got arrested for criminal possession of marijuana. they gave me ACOD which is due to end Dec 3rd 2009. un luckily i was arrested 2 nights ago (11/25/09) and received another charge for cpm with a court date of feb 4th. my question is since "innocent to proven guilty" and i won't be seen in court for the new charge til after the ACOD for the old one ends.... can the new arrest affect the ACOD? no judgements please, just some advice. thank you.

Yes, you violated probation.

Luck, by the way, had nothing to do with it.

Soooooo, how many times do you have to get arrested for possession before you realize that this isn't a path you want to take?

 

[HighwayMan]

It's the date of violation that counts, not the date of conviction.

 

[ellaweeze123]

thank you highway man that answered my question.
as for cyjeff.... if u read my whole post i asked for advice not judgement. but if u really must know first arrest was for a lot more than 2nd arrest... 2nd arrest theyre just chargin me with smokin in public (even tho i hadn't been smokin).... i was in my friend's car nothin was out in eye's view, we weren't doin anything wrong, she pulled into a gas station to make a phone call, we were there for all of 5 minutes then the dt's rolled up and ripped us out the car with no reason. that is where the "luck" comes in.... getting arrested after trying to do the right thing and not drive around talkin on the cell phone.

 

[Banned_Princess]

Well, the first thing you need to know, is you will need an attorney. when you answer the new charges, don't do anything without a lawyer, if you cannot afford one, ask the judge to assign one.

As a NYer and a frequent ACOD user, I have to honestly tell you that any ACOD I was on, was never effected by another complaint.

The charge you are talking about is pretty minimum, and if by "smoking in public" you don't mean smoking pot in public, then it is unlikely they will connect.

Good luck.

 

[Banned_Princess]

I do have to interject that my experience may or may not apply to you, Maybe I am special. .. the terms of the ACOD was clearly explained to you the first time around, and you should have a lawyer, and you should remain silent until you have obtained one.

 

[cyjeff]

Well, the first thing you need to know, is you will need an attorney. when you answer the new charges, don't do anything without a lawyer, if you cannot afford one, ask the judge to assign one.

As a NYer and a frequent ACOD user, I have to honestly tell you that any ACOD I was on, was never effected by another complaint.

The charge you are talking about is pretty minimum, and if by "smoking in public" you don't mean smoking pot in public, then it is unlikely they will connect.

Good luck.

He said he was busted for another charge of cpm....

As for the OP... just because you are a slow learner doesn't mean it was bad luck.

Here is what most people on probation do.... they keep themselves away from people that will get them busted again.

You were most certainly doing something wrong... you were in possession of an illegal and controlled substance. Apparently, that piece of the puzzle hasn't quite gotten through to you yet.

Oh, and I don't give the northbound end of a southbound horse what you want or don't want posted. You don't seem to understand that you should have been living a life that would have made the Pope say "that guy needs to loosen up a bit."

Nope, instead, you decide that you can keep smoking and keep buying and that lightning won't strike twice.

If you think I am harsh, wait until the judge gets a hold of you.

 

[Banned_Princess]

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I had not realized his new official charge he was hit with was another pot charge.

In that case The Judge might absolutely be upset, an ACOD is basically a get out of jail free judgment, thats not even probation in a serious way, and you were let go, to go about the same behavior you were absolved from. OBVIOUSLY you should always leave your pot at home.

You need a lawyer, and that is the final word.



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[ellaweeze123]

banned princess - thank you that also was a bit of help. i have a better idea of what im up against.
once again cyjeff you're not helpful. you're judgemental jibberish is not taken seriously. you want to make a point- try doing it without being so arrogant. no need to worry about the judge - thats what a lawyer is for. i wasn't out there killing people or robbing anyone. it was just a lil pot lighten up pope haha if thats the worst thing im doing then really come on. im aware im on acod and i make the choice to continue to smoke weed, so im also aware that there are consequences. you obviously think different and you're entitled to your closed minded opinion so there's no point in continuing an internet argument with you. good day sir!