UPM Ticket - Adjournment in Contemplation of Dismissal Question (ACOD)

[pbmac]

What is the name of your state (only U.S. law)? New York

My son just received an appearance ticket for a UPM ( unlawful possession of marijuana less than 25g ), while away at a SUNY school. He is 20, and this is his first and hopefully last offense.

I've been reading about ACOD regarding this appearance ticket and have a few questions:

- At what point would he request a ACOD?
- Should I also be present?
- Is some sort of defender needed for this?
- Is there anything I need to know about this?

Thank you for your time.

 

[sandyclaus]

What is the name of your state (only U.S. law)? New York

My son just received an appearance ticket for a UPM ( unlawful possession of marijuana less than 25g ), while away at a SUNY school. He is 20, and this is his first and hopefully last offense.

I've been reading about ACOD regarding this appearance ticket and have a few questions:

- At what point would he request a ACOD?
- Should I also be present?
- Is some sort of defender needed for this?
- Is there anything I need to know about this?

Thank you for your time.

Since your son is an adult, it's time for you to step back and let him handle his business. He got the charge all by himself - let him deal with the consequences of his bad judgment.

What you CAN do is hire him an attorney who can discuss with the prosecutor the possibility of pursuing an ACD on this charge.

You also need to be aware that this kind of drug charge COULD affect his eligibility to continue attending SUNY. According to the "No Second Chance" policy I found online, he could be put on probation, suspended, or expelled for drug use.

 

[pbmac]

Since your son is an adult, it's time for you to step back and let him handle his business. He got the charge all by himself - let him deal with the consequences of his bad judgment.

What you CAN do is hire him an attorney who can discuss with the prosecutor the possibility of pursuing an ACD on this charge.

You also need to be aware that this kind of drug charge COULD affect his eligibility to continue attending SUNY. According to the "No Second Chance" policy I found online, he could be put on probation, suspended, or expelled for drug use.

Oops! I didn't see a sub-forum titled: "Parental Advice"
Anyways....my son will be dealing with the consequences, by paying for any fees. I was just curious if anyone had any small college town experience, meaning could it go south for him while in front of the judge....oh that's right....let him screw up again so he'll learn.
He is already schduled to meet with the school's judiciary people regarding his school status.
Thanks for the advice regarding the attorney....but I thought you said to "let him handle his business"?
So, as the title of my post states: this is an ACOD question......anyone with any experience with this, I welcome your input.
Thanks in advance

 

[HighwayMan]

He can ask for the ACD at his arraignment - the first time he has to appear in court in front of a judge.

 

[HighwayMan]

Chances are there is a prosecutor at the court, usually a town or village attorney.

If he has time he can show up early and attempt to speak with the prosecutor who will be dealing with his case. The prosecutor will basically make the decision - the judges usually always accept whatever the prosecutor recommends.

Which court is adjudicating this case? The only one I would be familiar with would be Harrison - if SUNY Purchase is involved.

 

[pbmac]

Chances are there is a prosecutor at the court, usually a town or village attorney.

If he has time he can show up early and attempt to speak with the prosecutor who will be dealing with his case. The prosecutor will basically make the decision - the judges usually always accept whatever the prosecutor recommends.

Which court is adjudicating this case? The only one I would be familiar with would be Harrison - if SUNY Purchase is involved.

Thanks for your time.
We are going to try and meet with the ADA at the end of this week. We have a call into him, hopefully to schedule an appointment to talk.
It's upstate, Oswego.
Thanks again.

 

[Antigone*]

Thanks for your time.
We are going to try and meet with the ADA at the end of this week. We have a call into him, hopefully to schedule an appointment to talk.
It's upstate, Oswego.
Thanks again.

Don't do anything stupid! Do not meet with the ADA without an attorney representing your son.

Your meddling like this is exactly what can make things go south for him. The grown up way for your son to handle this situation is with counsel, not with mommy or daddy at his side.

 

[sandyclaus]

...Thanks for the advice regarding the attorney....but I thought you said to "let him handle his business"?...

Yes, yes I did. HE was the one who put himself in the mess. If you decide to stick your nose in and try to "help" him out, how will he learn how to deal with the consequences of his actions?

The BEST thing you can do is hire him an attorney - and then step back and let HIM handle his business. Let HIM deal with all the legal consequences and do the talking to the specific authorities who govern what happens next. There's nothing else YOU should be doing here.

Thanks for your time.
We are going to try and meet with the ADA at the end of this week. We have a call into him, hopefully to schedule an appointment to talk.
It's upstate, Oswego.
Thanks again.

There you go with the WE again.

YOU did not choose to use marijuana or get caught doing so. Assuming you taught your son the difference between right and wrong, then he knew that what he was doing could get him into the jam he now finds himself.

Meeting with the ADA is NOT in your son's best interests. If you had listened and hired your son the attorney who is supposed to be representing him, they would tell you this. Your son should NOT be discussing his charges with ANYONE - especially not someone who has the power and authority to really screw up his future - outside the presence of his attorney - PERIOD.

You are doing your son no favors by trying to fix this for him. In fact, you could be doing real harm to his case - and his future - by taking the steps you are planning to take.

 

[pbmac]

Yes, yes I did. HE was the one who put himself in the mess. If you decide to stick your nose in and try to "help" him out, how will he learn how to deal with the consequences of his actions?

The BEST thing you can do is hire him an attorney - and then step back and let HIM handle his business. Let HIM deal with all the legal consequences and do the talking to the specific authorities who govern what happens next. There's nothing else YOU should be doing here.



There you go with the WE again.

YOU did not choose to use marijuana or get caught doing so. Assuming you taught your son the difference between right and wrong, then he knew that what he was doing could get him into the jam he now finds himself.

Meeting with the ADA is NOT in your son's best interests. If you had listened and hired your son the attorney who is supposed to be representing him, they would tell you this. Your son should NOT be discussing his charges with ANYONE - especially not someone who has the power and authority to really screw up his future - outside the presence of his attorney - PERIOD.

You are doing your son no favors by trying to fix this for him. In fact, you could be doing real harm to his case - and his future - by taking the steps you are planning to take.

I hope you are not an attorney.
I spoke with three attorneys, one criminal defense, and two former DAs, all three said try talking to the ADA....hmm
Spoke with the ADA the morning of the arraignment.
He sent a request to the court to ACD the charge after 15 hrs of community service and an intervention class at the campus. If it's completed in a month, the charge is dismissed, and no other court appearance is needed.
He appeared before the judge and the judge agreed with the ADA's request.
If you didn't have such an attitude I would not have felt compelled to post back with what happened.
Thanks to you, I won't be using this site again.
Free really isn't free.
ps. Thank you for your time HighwayMan

 

[HighwayMan]

ps. Thank you for your time HighwayMan

You're welcome.

Most town/village prosecutors aren't out for blood and this was a minor charge. While I would not disagree with the advice to hire an attorney, in a case like this it is probably overkill, as you discovered. Obviously your local attorneys were familiar enough with the court to give you their recommendation against hiring an attorney.

Hopefully your son learns his lesson and moves on. Good luck with everything.