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
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