| NY Criminal Defense |
DAT stands for a Desk Appearance Ticket. Under New York State Criminal Procedure Law Section 150.10, a Desk Appearance Ticket is a written notice, by a Police Officer directing an individual to appear in a criminal court on a designated time and date to face a criminal charge. The date on the Desk Appearance Ticket is called the “return date” and that is the date that the defendant will be formally arraigned. If you have received a Desk Appearance Ticket, then you have been arrested and are being charged with a crime. The granting of the desk appearance Ticket just means that the Police Officer was satisfied that you will return to Court on that date and the formal booking process (arrest, booking and incarceration) is unnecessary. |
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A DAT should be taken very seriously and may result in a permanent criminal record and jail time. Always consult a New York criminal attorney. To retain the services of Storobin & Spodek LLP, please call (212) 748-9243.
WHAT SORT OF CRIMES ARE DESK APPEARANCE TICKETS (“DAT”) AVAILABLE FOR?
Desk Appearance Tickets are available for Violations, Class A, B, and Unclassified Misdemeanors, and lastly for E Felonies. The issuing Police Officers has discretion whether to issue a Desk Appearance Ticket, or holding you until you can be arraigned – so that the Judge can decided if bail is necessary. Police Officers will generally issue desk appearance tickets to individuals who have proper identification, and do not have a criminal record. The Police will not issue Desk Appearance Tickets for individuals who are accused of Domestic Violence (“DV”) or reside outside of New York City.
WHAT HAPPENS ON THE DATE LISTED ON THE DESK APPEARANCE TICKET (“DAT”)?
On the return date, your case will be either ready or not ready. Unlike the speedy trial calculation, this readiness just means that your paperwork is ready.
WHAT HAPPENS IF YOUR DESK APPEARANCE TICKET (“DAT”) PAPERWORK IS NOT READY?
If you appear on the return date and your paperwork is not ready, then you will just be asked to sign in and then you can leave. The purpose of signing in is so there is proof that you were there on the date and time you were supposed to be. This is important so that no warrants are issued for your arrest. The Clerk will then advise you to leave, and inform you to watch your mail, and phone for any messages regarding a new court date.
WHAT HAPPENS IF YOUR DESK APPEARANCE TICKET (“DAT”) PAPERWORK IS READY?
If your paperwork is ready then the lawyer for the defendant will be provided with defense papers. This will include the Violation, Misdemeanor Complaint or Information and any applicable notices. This is the first step in the New York State criminal system. This is where you will be informed of the charges that are being brought against you. This is also when you will enter into a not guilty or guilty plea to the charges.
WHAT HAPPENS IF YOU LOSE YOUR DESK APPEARANCE TICKET (“DAT”)?
The best thing to do would be call Central Booking in the County in which you were arrested, and let them know that you received a Desk Appearance Ticket (“DAT”) but misplaced it. Their numbers are as follows:
Bronx Central Booking (718) 590-2817
Queens Central Booking (718) 268-4523
Manhattan Central Booking (212) 374-5880
Staten Island Central Brooking (718) 876-8493
Brooklyn Central Brooking (212) 374-5880
I would continually check in with both Central Booking, and the Clerks Office in the County to confirm that no warrants were issued for your arrest.
WHAT HAPPENS IF YOU FAIL TO RETURN TO COURT ON THE DATE ON YOUR DESK APPEARANCE TICKET (“DAT”)?
If you do not appear on the return date on your desk appearance ticket, then the Prosecutor can request a bench warrant for your arrest. The New York Police Department Warrant Squad will be then be looking for you. If you do miss Court, you should immediately contact a NY criminal lawyer at Storobin & Spodek, LLP to arrange a surrender.
WHAT IS “STATION HOUSE BAIL” OR “POLICE BAIL” OR “PRE-ARRAIGNMENT BAIL”?
The Police Officer who issued the Desk Appearance Ticket (“DAT”) can accept bail as a condition to granting an individual a Desk Appearance Ticket.
If the arrest was for a Class E felony, any amount up to $750.00.
If the arrest was for a Class A Misdemeanor, any amount up to $500.00
If the arrest was for a Class B Misdemeanor or Unclassified Misdemeanor any mount up to $250.00
If the arrest for a Violation, any amount up to $100.00
The Judge at Arraignment can then continue, increase or exonerate the bail.
WHAT ARE POSSIBLE CONSEQUENCES OF A DESK APPEARANCE TICKET (“DAT”)?
Ordered to pay a fine
Ordered to do community service
Jail
Probation
Criminal Record
WHAT COURTS HEAR DESK APPEARANCE TICKETS (“DAT”)?
New York County Criminal Court
Queens County Criminal Court
Bronx County Criminal Court
Richmond County Criminal Court
Kings County Criminal Court
Midtown Community Court
Red Hook Community Justice Center
WHAT ARE THE GOVERNING LAWS FOR A DESK APPEARANCE TICKET (“DAT”)?
Below are summaries of the key provisions.
Criminal Procedure Law 150.10
A Desk Appearance Ticket must be a written notice, issued and subscribed by a Police Officer or other authorized Public Servant directing an individual to appear at a Criminal Court at at future time. Also if a Desk Appearance Ticket is issued with a traffic ticket, then there must be language on the Desk Appearance Ticket alerting the defendant that he can receive a supporting deposition.
Criminal Procedure Law 150.20
A Desk Appearance Ticket can be given by a Police Officer and/or a Public Servant with the assistance of a Police Officer for all Violations, Class A, Class B, and Unclassified Misdemeanors, and Class E felonies. Further, pre-arraignment bail can be set.
Criminal Procedure Law 150.30
The Police Officer(s) can set bail as a condition of them granting you a Desk Appearance Ticket according to this schedule:
If the arrest was for a Class E felony, any amount up to $750.00.
If the arrest was for a Class A Misdemeanor, any amount up to $500.00
If the arrest was for a Class B Misdemeanor or Unclassified Misdemeanor any mount up to $250.00
If the arrest for a Violation, any amount up to $100.00
Also, that individuals shall be able to post pre-arraignment bail by Credit Cards.
Criminal Procedure Law 150.40
The Desk Appearance Ticket is returnable in the local criminal court. The defendant must personally receive the Desk Appearance Ticket in his or her hand.
Criminal Procedure Law 150.50
The Police Officer must cause a legally correct Desk Appearance Ticket (“DAT”) to be filed with the local Criminal Court. Further, if the Judge at Arraignment is satisfied that based on the available facts and evidence it would be impossible for the Police Officer to file a legally correct accusatory instrument – then the Judge must dismiss the Desk Appearance Ticket.
Criminal Procedure Law 150.60
If the defendant does not show up in Court when he or she is supposed to then the Court can issue a Summons or Warrant of Arrest for the defendant to appear.
Criminal Procedure Law 150.70
Certain offenses require the defendant to be fingerprinted. If it is one of those offenses, the defendant must appear at the directed time and place for fingerprints.
Criminal Procedure Law 150.75
If the defendant is charged with Unlawful Possession of Marijuana (“UPM”) under Penal Law 221.05, then he or she should get a Desk Appearance Ticket. Pre-Arraignment Bail should only be set if the Police Officer
For a consultation with a DAT attorney, call (212) 748-9243..
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Storobin & Spodek LLP |
Storobin & Spodek LLP |