Lawyer Monthly - December 2021 Edition

pursuant to CPL §170.55, is a postponement of a case with no future date ordered, which typically results in the ultimate dismissal of the accusatory instrument in the furtherance of justice. If, however, an individual has contacts with the criminal justice system before the matter is dismissed, the case may be restored. If the case is not restored within six (6) months, then the case is dismissed. For certain family offences, the state has one (1) year to restore the case. An Adjournment in Contemplation of Dismissal (ACD) pursuant to CPL §170.56 specifically relates to marijuana-related offences and can only be applied if certain criteria are met. It is a postponement of a case with no future date ordered, which typically results in the ultimate dismissal of the accusatory instrument in the furtherance of justice. If, however, an individual has contacts with the criminal justice system before the matter is dismissed, the case may be restored. It is important to note that under this section, the case may remain open for up to one (1) year. Both are considered negotiated results and can still have an impact on the application process. What is a violation? A “violation” is a non-criminal offence, other than a traffic infraction, for which a sentence to a term of imprisonment exceeding fifteen (15) days may not be imposed. 50 WWW.LAWYER-MONTHLY.COM | DEC 2021 EXPERT INSIGHT First, it is important to note that the past does not determine a person’s future. What is a traffic infraction? Traffic infractions are those rules, regulations or laws defined by Vehicle & Traffic Law that are not classified as a misdemeanor or felony. Understandably, this definition may be very perplexing. The vehicle and traffic codes can fall into three main categories: traffic infractions, misdemeanors or felonies. A traffic infraction is not a crime and the punishment imposed is not penal and it cannot be used to impact the individual’s credibility. What is a crime? A crime is a misdemeanour or a felony. This does not include a traffic infraction. For example, if an applicant once drove through a stop sign, was issued a ticket and found “guilty,” this does not constitute a criminal conviction.