If you’re arrested in New York for a crime like turnstile jumping or simple larceny, and the police take you to the station instead of keeping you in jail until you get an arraignment date, they will likely give you a Desk Appearance Ticket. This might have seemed like a relief at the time – you wouldn’t have to spend the night in jail, but it means you still have to go to court. If you don’t show up on the day you are required to do so, a warrant will be issued for your arrest. This is not good and can result in substantial prison time, fines, or other harsh penalties. If you have been issued a desk appearance ticket, it’s important to work with an experienced New York criminal lawyer to resolve the case as quickly and effectively as possible.
In the past, the NYPD’s discretion to issue a desk appearance ticket was rather broad, and people with previous criminal records were rarely given one. However, as of January 2020, the vast majority of misdemeanor charges – and even some class E felonies – require the issuance of a desk appearance ticket. This is due to historic changes in how the system works, and the requirement that all cases be processed through this method.
What Is a Desk Appearance Ticket?
A desk appearance ticket is a piece of paper that gives you a specific date and time to appear in court for your arraignment. It also tells you where you must appear and who to report to at the court for your arraignment.
During your first court appearance (your arraignment) you will be formally charged with the crime(s) you were accused of. The judge will then ask you to enter your plea – either not guilty or guilty. At the arraignment, you will also be advised of the penalties, if found guilty, for your charge(s).
The desk appearance ticket is not a traffic ticket; it’s a criminal ticket for a serious crime, and you must appear on the date specified in the ticket or face being arrested by police. If you have an extenuating circumstance and need to change your court date, it is important to work with a lawyer who can file a formal motion on your behalf.
Do I Need a Lawyer for My DAT Case?
You should always consult with an experienced New York criminal defense attorney when you are charged with a crime, but it’s especially important to contact one as soon as you receive your desk appearance ticket. This is because the dates of your hearing are scheduled pretty close to the date of your arrest and you want your lawyer to have ample time to review the case and prepare for the upcoming hearing.
There are public defenders available in the city, but they are often extremely busy and might not be able to review your case in the detail that an experienced private attorney can. It is also often difficult to meet the “indigency” income requirements to have a public defender assigned to your case.
Most people who are arrested in New York and charged with a crime receive a desk appearance ticket (DAT), rather than being held in jail until their arraignment. This is generally a discretionary decision by police officers, but prosecutors will sometimes request that a desk appearance ticket be issued for certain individuals. A desk appearance ticket informs the individual of the date and time they need to appear in court for their arraignment.
Arraignment is the initial hearing in which the judge will review the charges against an individual and set their bail, if applicable. It is an important hearing, and one in which an experienced New York criminal defense attorney should be present to advocate on behalf of their client.
Most cases with desk appearance tickets are misdemeanors, but in some instances, a desk appearance ticket can be issued for a class E felony (meaning that it is a felony offense that carries a potential prison term of more than one year). A person who has a domestic violence case, or a DWI matter, or a violation of orders of protection will almost always have to be held in custody until their arraignment. Those who are considered to be flight risks will also likely not be eligible for a desk appearance ticket.
When a desk appearance ticket is issued, the individual will need to attend their arraignment within 20 days of being arrested. If they do not, the judge will issue a bench warrant for their arrest. If a person misses their arraignment because of a work or family obligation, it is often possible to file for an adjournment with the court if there are extenuating circumstances that can be presented.
For instance, in the past, it was not uncommon for people with desk appearance tickets to be able to post bail on their first appearance in court. This is no longer the case, as the new criminal justice reforms have significantly changed the way in which judges impose bail for those who have not been arrested.
When a person appears for their desk appearance ticket, they will need to bring their copy of the desk appearance ticket with them. They will then hand it to a court officer and be instructed to sit and wait until their name is called by a public defender. It is usually best to arrive at the court early and try to be inside before 9 AM. This will help you avoid the line to get into the building. It is also best to bring documentation that shows that you meet the poverty guidelines and can’t afford a private lawyer. Bringing this documentation will make it much more likely that the judge will agree to assign a public defender for you.
If a person is lucky enough to be given a desk appearance ticket (DAT) by the police in New York, it will save them from having to go “through the system,” which could result in 24 hours in a jail cell before being brought before a judge at their arraignment. However, this does not mean that a person should treat the matter lightly. The consequences of a desk appearance ticket, regardless of whether it is for a misdemeanor or felony, can be severe and lead to a criminal record. This is why a New York desk appearance ticket lawyer should be contacted immediately to assist with the case.
The desk appearance ticket will have a date, which is called the “return date,” in which the individual will be expected to appear in court to face the charges against them. It will also state that if the individual does not come to court on this date, a warrant will be issued for their arrest. The warrant may be based on an allegation of failure to appear at a previous arraignment or it may be based on the original charge for which the individual was originally arrested. The desk appearance ticket will often indicate if a defendant can expect the prosecution to offer a resolution at their first appearance, such as a plea to a lesser offense.
At the arraignment, the prosecutor will be present and will officially file the charges against the individual. The arraignment will be the very first time the case is seen by a judge in a criminal court setting and can have significant legal implications for an individual, including prison or jail time, fines, probation, and a permanent record.
Having a seasoned New York criminal defense attorney at the arraignment can be crucial for a client’s case. The individual will be required to enter a plea during the arraignment and their attorney can make the appropriate arguments at this time in order to secure a favorable outcome for the case.
A desk appearance ticket should never be treated like a traffic ticket, and it is essential that an individual hires a New York desk appearance ticket lawyer as soon as possible after being charged. An experienced lawyer can review the desk appearance ticket, explain its contents to an individual, and help them understand what is at stake in the case. It is also important for the attorney to be there at the arraignment in order to ensure that any failure to attend will not result in an arrest warrant and other serious consequences. An experienced legal team knowledgeable in all aspects of New York criminal law will work diligently to protect the rights of the accused individuals. Contact a legal office today to learn more about how you can receive aggressive and personalized representation. The initial consultation is free of charge.
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