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What is a desk appearance ticket in New York
If you’ve been given a Desk Appearance Ticket (DAT), you might be uncertain about its implications, like many others. A New York City Desk Appearance Ticket Lawyer can inform you that a DAT is a serious matter that requires careful attention. There’s a widespread misunderstanding that if you weren’t officially arrested, the issue isn’t significant. However, it’s important to realize that a DAT can be issued for both misdemeanor and felony offenses, and a conviction could result in severe legal repercussions and a lasting criminal record. If you’ve received a DAT or have been arrested for crimes such as assault, battery, petit larceny, or grand larceny, it’s essential to seek advice from a seasoned legal team.
Desk Appearance Ticket Charges
Issuance
A Desk Appearance Ticket is typically given at the scene of the alleged offense. Not all offenses will be considered for a Desk Appearance Ticket.
A Desk appearance Ticket is often issued for misdemeanors and some Class E felony offenses.
The officer writes the ticket and gives it to you rather than taking you to jail. It will include:
– The alleged offense or violation
– A date and time when you must appear in court
– The name and address of the court
Court Appearance
You must go to the designated court on the date and time specified on your ticket. Failing to appear in court may result in a bench warrant for your arrest.
Types of Offenses
You must go to the designated court on the date and time specified on your ticket. Failing to appear in court may result in a bench warrant for your arrest.
Desk Appearance Tickets are typically issued for minor offenses, such as
– Misdemeanors (e.g., petty larceny, vandalism)
– Violations (e.g., fare evasion, trespassing, disorderly conduct)
– Some criminal summons offenses (e.g., smoking in a prohibited area, certain types of drug possession)
Crime | Description |
Shoplifting | Theft of merchandise from a store, typically involving concealment and exiting without making payment |
Grand Larceny Shoplifting | The theft of goods under $3,000 and often involving intentional concealment |
Theft of services | Illegally obtaining services without payment, such as evading transportation fares |
Weapons Possession | Unlawful possession of certain types of weapons, such as firearms without proper permits |
Possession of a Controlled Substance | Unauthorized possession of illegal drugs, including narcotics and prescription medication |
Marijuana Possession | Unauthorized possession of marijuana for personal use and is prohibited by state law |
Assault | Intentional harm or threat to another person ranges from verbal threats to physical violence |
Property Damage Crimes | Destruction or vandalism of property, including graffiti, damage to vehicles, or defacement of buildings |
Penalties
If you are convicted, you may face fines, community service, probation, or even jail time. The penalty depends on the offense. If you are found guilty, there is no penalty.
Legal Process
Once in court, you can either plead guilty or make arrangements for your case (e.g., settlement, diversion program). If the offense is a misdemeanor or involves serious charges, you may also be assigned a public defender if you can not afford an attorney.
Issuing a desk appearance ticket in New York
A Desk Appearance Ticket (DAT) is typically issued by police when the defendant has committed a crime but does not have a prior criminal record. DATs can be issued for violations, misdemeanors, and felonies. A misdemeanor is an offense that carries a penalty of less than one year in jail.
Consequences of not appearing for a return date
Not appearing for your Desk Appearance Ticket can be a big mistake. If you fail to show up in court on a Desk Appearance Ticket, the court may decide to execute a bench warrant for your arrest.
A failure to appear is similar to “jumping bail” and may magnify the original charges against you and result in additional charges. In addition, the court may choose to take a more serious stance with your original charges. This may result in complicating your defense and impact how you are considered by the court moving forward.
If your failure to appear is unavoidable, your attorney may be able to reschedule your appearance date or appear on your behalf. While it is not common, there are cases where your attorney may be able to resolve the situation without your appearance.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.