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Learn About Your Case

I got an 'ACD.' What does that mean?

An ACD means an "Adjournment in Contemplation of Dismissal." It is NOT a plea of guilty. Instead it is a promise to the judge to stay out of trouble for a period of time. If you do, the case will be automatically dismissed, the record will be sealed, your fingerprints destroyed, and you will not have to return to court. There are two kinds of ACD's. One applies to certain Marijuana cases. The period of the adjournment in these cases is one year. For other non-marijuana cases, the period of the adjournment is six months.

I got a 'Violation.' What is that?

A 'Violation' is not a crime. It does not leave you with a criminal record. You can think of a violation as more like a speeding ticket than a criminal conviction. There are several kinds of violations. The most common are 'Disorderly Conduct' (240.20), Trespass (140.05) and Harassment (240.26). A 'Violation' is punishable by a fine, community service, a 'conditional discharge' or up to 15 days in jail.

I got a 'Conditional Discharge.' What is that?

A 'Conditional Discharge' is a promise to the judge that you will stay out of trouble for a period of one year. There can also be special promises attached to the conditional discharge, such as performing community service. If you don't keep your promise, you can face an alternative sentence. The alternative sentence depends on what you pled guilty to. If you pled guilty to a violation (see above) you can get up to 15 days in jail. For a 'B' misdemeanor plea, the sentence can be as much as 90 days, and, on an 'A' misdemeanor plea, 1 year.

I want an official record of what happened to my case. How do I get that?

The thing you want is called a Certificate of Disposition. The Certificate of Disposition is an official record of your case: the charges made against you and the outcome of your case. It may come in handy to show to employers who have suspended your employment during your case, or to various government officials. Your Certificate of Disposition should be available a few days after your case is closed.

Where do I go to get a Certificate of Disposition?

Bring your docket number, a picture I.D., and $8.00 cash to the Central Clerk's Office, which is located in room 1-1 on the first floor of the Criminal Court Building. Bronx Criminal Court is located on E. 161st St. and Sheridan Ave.

What is a Fine or Surcharge?

A Fine is a way to dispose of your case by paying money. A Surcharge means court costs which you may also have to pay.

How Do I Know if I Have a Surcharge?

If you plead guilty to a violation or a crime, unless the court 'Enters Judgment' you must pay a surcharge. You may ALSO have to pay a fine or perform community service.

How and where do I Pay The Fine or Surcharge?

If you are convicted of a felony (like robbery), the surcharge is $210; for a misdemeanor (like assault or petit larceny), the surcharge is $120; if you are convicted of a violation (like trespass or disorderly conduct), the surcharge is $60. Some traffic cases have special (lower) surcharges. Fines and Surcharges can only be paid with cash or a money order. Credit cards and personal checks are not accepted. Surcharges for felonies must be paid at the cashier's office in Supreme Court. Surcharges for violations and misdemeanors may be paid in room 1-1 of the Criminal Court, at the cashier's window. Remember: If you have a fine and a surcharge, you must pay both.

What if I don't have the money?

Make sure to go to court on the date the judge gives you. If you owe a fine, and you were unable to pay the total amount owed by you to the cashier, the judge will grant you an extension. If you owe a surcharge, the judge may enter a civil judgment, which means you do not have to pay the surcharge but you could be denied credit in the future. If you do not appear in court on your adjournment date and you owe a fine, the judge will issue a warrant for your arrest.

How do I Sign Up for Community Service and What Do I Do Then?

First, go to room M-10 in the Criminal Court building to get an assignment. Make sure to tell them if you have any scheduling issues. (For example: You can only work weekends because you have a weekday job, or only work in the daytime because of child-care issues.)

Then, do all of the community service you were sentenced to, and get receipts if possible. If you don't do all of it, the judge will declare you delinquent and issue a warrant for your arrest. Finally, come back to court on the date you are given. If you fail to appear, a warrant for your arrest will be issued. The clerk should have a record of your performance, but it is always a good idea to bring any records from your community service work to court.

I want to get a copy of my RAP sheet. Who can I call?

If you would like a copy of your criminal history report, go to the Legal Action Center, 153 Waverly Place, New York, NY, (212) 243-1313. Requests for copies of Criminal History Reports should be made on the last Monday of the month. Criminal History Reports cost $25. Make an appointment before you go, and remember your I.D. The Court Clerk automatically seals records on your criminal history report that ought to be sealed (such as dismissed cases). You should talk to a Court Clerk if you have any questions about your record.

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