What Is a Desk Appearance Ticket in NYC?
When a person is arrested in NYC, they first need to be processed by the police. They are then formally charged with the crime(s) and allowed to enter their plea of guilty, not guilty, no contest, etc - this is called an arraignment and happens in court.
The first step after every arrest is being processed by the police. This is when the police can choose to either issue you a D.A.T. or to hold you in custody overnight to wait for your arraignment.
With a D.A.T., you’re given the date of your arraignment on the document and are free to go - but it’s imperative that you show up for that court date. It’s a very good idea to contact a New York City criminal defense attorney experienced in D.A.T.s before your court date. Get in touch with us here for a free consultation.
When you’re held in custody to wait for your arraignment, you’ll be in jail overnight and will usually be arraigned the next day. A D.A.T. is preferable to being held in custody, as once you’re processed, you don’t have to spend the night in jail waiting for your arraignment - but you do need to show up prepared for it.
After arraignment, a case where a defendant was given a D.A.T. proceeds the same way as one where someone was held in custody - your attorney enters a plea on your behalf, and the court case proceeds from there. The penalties are also the same, whether or not you were given a D.A.T.
Who is given a desk appearance ticket in NYC?
Desk appearance tickets are given for a myriad of charges in New York City. These crimes include marijuana offenses, shoplifting, trespassing, misdemeanor assault, driving with a suspended license, and others.
Police officers are not required to issue D.A.T.s - it’s up to their discretion. If a person is intoxicated, cannot provide proper identification, has a criminal history, or is arrested for domestic violence, the officers will not issue a D.A.T. and will likely hold them in custody to wait for their arraignment instead.
What happens if you miss your desk appearance ticket hearing in NYC?
Very simply, if you fail to appear for your desk appearance ticket hearing, the court will issue a bench warrant for your arrest. It doesn’t matter what the cause is - even if it’s for work, illness, or another important reason, a warrant will be issued.
If there are extenuating circumstances and you need to file for an adjournment, an experienced attorney like The Law Office of Brendan Tracy can help you do so. Get in touch with us here for a free consultation. However, a formal adjournment must be filed - you can’t just not show up and expect the court to accept your reason.
A D.A.T. court date is not like a traffic ticket court date, where you can not show up and just pay a fine in the mail. A desk appearance ticket is a serious charge, and you will be charged with a crime at the court date. You need to be there in person and you will want to be prepared and have competent legal counsel representing you.
What to do after getting a desk appearance ticket in NYC?
When you’re first issued your desk appearance ticket in New York City, don’t panic. The calmer you remain with law enforcement, the more your attorney will be able to build a successful case.
Keep the documentation with your D.A.T., and make extra copies for your records. Put the appearance date on your calendar - you do not want to fail to appear and have a warrant issued.
The most important thing to do is to hire an attorney who is experienced with desk appearance tickets in New York City. Depending on the particulars of your case, your attorney can request a continuation to get more time to build your case, work with the prosecutor to have the case dismissed, or negotiate on your behalf to help reduce the charges and potential penalties involved. Get in touch with us here for a free consultation.
Do you need to hire a lawyer for your desk appearance ticket in NYC?
Yes. You’re being charged with a crime at the date on your ticket - it is unwise to show up in court without an attorney to represent you. Because you’ve been issued a D.A.T., you have time to find an experienced attorney like The Law Office of Brendan Tracy who can work on your behalf.