A person charged with a crime in New York can often avoid the arrest process entirely by being issued a Desk Appearance Ticket (DAT). Also known as a white ticket or pink summons, a desk appearance ticket is a piece of paper that instructs the accused to report to a specific criminal court at a specified date and time. If the individual fails to appear at their scheduled arraignment, a judge will almost certainly issue a warrant for their arrest.
As such, it is crucial for people who receive a desk appearance ticket to contact an experienced criminal defense lawyer immediately. A lawyer can help to assess the case and devise a strategy to fight the charges in order to avoid jail or other serious consequences.
DATs are now routinely issued for nearly all misdemeanor charges in New York and a number of class E felonies. This is a significant change from the past when police officers were required to hold a person in custody until they could attend their arraignment. Generally, people who receive desk appearance tickets are arrested for less serious offenses such as marijuana offenses, shoplifting, trespassing, and various other minor crimes that can carry fines or prison time.
However, while DATs are a welcome change from the old way of doing things, they are not without their own problems. For example, a person who fails to appear for their arraignment is likely to be arrested in the future if they don’t get a lawyer to represent them. In addition, the desk appearance ticket may contain an arraignment date that is not convenient for the person.
Consequently, it is important for anyone who receives a desk appearance ticket to contact an experienced New York criminal attorney right away to discuss the case and determine if they should be retained as a defense lawyer. It is also a good idea to consult with a lawyer as far in advance of the court date on the DAT as possible, as they can often arrange for the court to reschedule the appearance without a warrant being issued.
Finally, it should be noted that each county handles the processing of desk appearance ticket differently. While I try to keep up with the most current information for each of the individual pages, it is important to understand that the procedures in each county can change over time. In particular, the recent sweeping reforms that will come into effect in January 2020 are expected to flood the courts with many more desk appearance ticket cases. This is expected to lead to different procedures in each of the boroughs, as well as changes to how the courts will treat these cases. This is a topic that will be covered more extensively in the future.
The New York City Police Department is notorious for making mistakes. Fortunately, they are usually not serious. That said, people who are visiting from out of town, stumbling into bad situations, or making honest errors, sometimes run into trouble with the law in New York. Almost all misdemeanors and a number of felonies are handled with a desk appearance ticket (DAT). A desk appearance ticket is a document that tells you when to appear in court for your arraignment. The arraignment is the first time that you are brought before a judge in your case, and it can have major consequences for you if it is not handled correctly.
While a desk appearance ticket is an alternative to having to stay in jail until your arraignment, it does not mean that the charges against you will be any less serious. In fact, if you do not make your appearance in court, the judge can issue a warrant for your arrest. If that happens, you will be arrested immediately and the whole process will begin over again, including the possibility of more jail time, fines, and other harsh penalties.
If you get a desk appearance ticket, it is critical that you hire an experienced criminal defense lawyer right away. A good defense attorney can help you avoid many problems that could otherwise lead to a conviction and criminal record.
A good defense attorney can also explore your options to have the case dismissed or reduced to a non-criminal offense. The prosecution is often willing to offer this resolution, especially if it is your first arrest and you have no other record in the past.
The goal of a desk appearance ticket is to have the case resolved at your initial appearance, which will be scheduled for a few weeks from the date of the alleged crime. During this appearance, the judge can set bail and set a trial or Adjournment in Contemplation of Dismissal (ACOD).
While a desk appearance ticket may seem like a harmless little ticket, it is a significant legal matter that requires your immediate attention from an experienced attorney. It is important to discuss the matter with your lawyer as soon as possible after you have received the DAT. Contact us today for a free consultation.
A Desk Appearance Ticket (DAT) may seem benign and almost like a traffic ticket, but this is a significant legal matter that needs to be handled carefully. A New York DAT Lawyer can help explain where you stand legally and devise a course of action to deal with the situation.
Depending on where you receive your desk appearance ticket, it is also sometimes known as a white or pink summons ticket. Regardless, it means that you have been arrested for a criminal offense and the police have directed you to appear in court at a certain date and time for arraignment. This is the first appearance in a criminal case and you should not miss it. If you do, a bench warrant will be issued for your arrest and that could lead to you being jailed in a jurisdiction outside of New York and even years from the incident.
At arraignment, the judge will inform you of the charges that have been filed against you and you will be asked to enter your plea. You should plead guilty, no contest, or not guilty at this point and be prepared to go on trial if you decide to do so. A skilled and experienced lawyer can help guide you through this process, deal with any paperwork, question the arresting officer, and clarify any charges that are made against you.
If you have a desk appearance ticket for a misdemeanor, your lawyer will likely attempt to get you an Adjournment in Contemplation of Dismissal. This is the best way to get a desk appearance ticket dismissed and sealed in six months (as long as you don’t get rearrested). If the desk appearance ticket was for a felony, your criminal defense attorney will likely try to have it reduced to a lesser charge such as Petit Larceny or Criminal Possession of Marijuana.
If you are unable to afford a private criminal attorney, you should contact a public defender as soon as possible after your arrest. However, you should understand that a public defender is assigned to hundreds of cases a year, and they may not be able to devote the time needed to your case to ensure that it gets the attention that it deserves. It is often better to hire a private firm as early on in the process as possible.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060