Application and Surrounding Process
The burden of proof in the court systems which employ the system of ACD rests with the people (that is, the prosecution). If evidence demonstrating guilt is not presented, the matter is deemed dismissed, and the ACD proceeds along its standard course of action.
Similar ideas are called by different names in other states. In Maryland, it is termed probation before judgment. In Alabama it is termed as "pre-trial diversion". In New Jersey, it is called a "conditional discharge."
In New York State, a case subject to an ACD is normally dismissed on the date of adjournment, and restored on the first anniversary of the dismissal, upon which the matter is sealed automatically, except on objection from the prosecution.
There is a separate provision for ACDs involving marijuana in the state of New York, under CPL 170.56.
Read more about this topic: Adjournment In Contemplation Of Dismissal
Famous quotes containing the words application and, application, surrounding and/or process:
“There are very few things impossible in themselves; and we do not want means to conquer difficulties so much as application and resolution in the use of means.”
—François, Duc De La Rochefoucauld (1613–1680)
“It is known that Whistler when asked how long it took him to paint one of his “nocturnes” answered: “All of my life.” With the same rigor he could have said that all of the centuries that preceded the moment when he painted were necessary. From that correct application of the law of causality it follows that the slightest event presupposes the inconceivable universe and, conversely, that the universe needs even the slightest of events.”
—Jorge Luis Borges (1899–1986)
“Thus when I come to shape here at this table between my hands the story of my life and set it before you as a complete thing, I have to recall things gone far, gone deep, sunk into this life or that and become part of it; dreams, too, things surrounding me, and the inmates, those old half-articulate ghosts who keep up their hauntings by day and night ... shadows of people one might have been; unborn selves.”
—Virginia Woolf (1882–1941)
“The practice of S/M is the creation of pleasure.... And that’s why S/M is really a subculture. It’s a process of invention. S/M is the use of a strategic relationship as a source of pleasure.”
—Michel Foucault (1926–1984)