Desk Appearance Ticket
In some cases, when you are arrested for certain misdemeanor offenses, you may receive a Desk Appearance Ticket (DAT), a document advising you when to make a court appearance. The purpose of the DAT is to require the person to appear in court to answer the charges.
You may also be eligible for a DAT if the highest offense is a class E felony, although the DAT process in any felony case is extremely rare. The DAT is issued almost exclusively for misdemeanor charges in New York City. If you are issued a DAT you will not be put “through the system” in the criminal courts throughout New York City including Queens, Brooklyn, Manhattan, and the Bronx.
Instead of being held in jail until you see a judge for your arraignment, you are allowed to go home and return to court on a later date. The DAT is generally reserved for people charged with a non-violent misdemeanor offense who have no open cases, criminal warrants, or prior criminal record. In most cases, the DAT will not be issued for any domestic violence case or for violations of orders of protection.
Queens Attorney for Desk Appearance Tickets (DAT)
The greatest benefit of the DAT is that it enables you to avoid 24 hours of sitting in a cage in Central Booking. If you have been issued a desk appearance ticket, or if you have been contacted by any law enforcement officer who promises a DAT instead of an arrest if you agree to "cooperate" with the investigation, then contact the Law Office today.
Be aware that the NYPD often attempts to "trick" or motivate a suspect into giving a confession by promising a DAT. In many of those cases, the officer has no ability or intention of carrying through with that promise. The officer may also tell you that you do not need an attorney. Your attorney is on your side. The arresting officer is not. Call for more information during a free consultation.
- Why You Need an Attorney During Each Step of the Process
- When the NYPD Issues a Desk Appearance Ticket (DAT)
- The Desk Appearance Ticket for Possession of Marijuana Misdemeanors
- The Desk Appearance Ticket for Shoplifting and Petit Larceny Misdemeanors in NYC
The best way to preserve your rights is to retain an attorney immediately. An attorney can make sure you do not make the case worse by giving a confession. An attorney makes sure the police carry through with any promise and protects you through each step of the process. Rochelle S. Berliner is an experienced criminal defense attorney with offices in Queens, New York.
We are available to talk with you today about your defense and handle every aspect of your case. Queens criminal defense attorney, Rochelle S. Berliner, represents clients with a desk appearance ticket throughout the five boroughs of New York City as well as Nassau and Suffolk Counties.
The Police Department for the City of New York (NYPD) will issue a Desk Appearance Ticket which identifies the precinct of arrest, the DAT serial number and the On-Line Booking Sheet (OLBS) arrest number. The ticket will also list the Defendant's name, address, age, and date of birth.
The DAT issued by NYPD will then state the top offense charged, the county, the arraignment part where you are expected to appear, the date, time, location and courtroom number. The Desk Appearance Ticket issued by NYPD will often state the following:
- You are hereby summoned to appear in the Criminal Court of the City of New York, to answer a criminal charge made against you.
- You must appear on the time and date indicated above, and present this form to the court clerk. Should you fail to appear for the offense charged above, in addition to a warrant being issued for your arrest, you may be charged with additional violations of the New York penal law which upon conviction may subject you to a fine, imprisonment or both. Additionally, if you fail to comply with the directions on a Desk Appearance Ticket in New York, any bail paid will be subject to forfeiture.
The DAT may contain additional instructions. You must sign the desk appearance ticket to acknowledge that you received a copy of it and to agree to appear as instructed. The ticket will also indicate whether or not you were fingerprinted, the arresting officer, shield, rank, squad, command, and agency if not New York Police Department (NYPD). The ticket will indicate if a cash bail was accepted and the amount. The issuing officer and the desk officer will also sign the ticket.
Criminal possession of small amounts of marijuana, cannabis or weed is the most common offense in which the police officer with the City of New York Police Department will issue a desk appearance ticket. Find out more about how we aggressively fight these charges and a variety of marijuana crimes throughout New York's five boroughs including Queens. Brooklyn, the Bronx and Manhattan.
For instance, under New York's Criminal Code Section 221.10.01, a person can be charged with possession of marijuana in the fifth degree for unlawfully and knowingly having marijuana in a public place (open to public view) or having marijuana that is being burned. This fifth degree misdemeanor (class B misdemeanor) for possession of marijuana in open view is punishable by up to 90 days in jail, 12 months probation, and a $500.00 fine and certain other surcharges.
If you are charged with the criminal offense of possession of marijuana in a public place, then you should retain an attorney because a conviction for this "drug offense" comes with very serious indirect consequences such as being ineligible for certain student loans, financial aid or other federal benefits.
Avoiding a conviction can occur because of an illegal search or insufficient evidence. Alternatively, your marijuana defense attorney may be able to file motion to adjourn the case in contemplation of dismissal under New York's Penal Law Section 176.50. Additionally, your attorney can file a motion to dismiss the marijuana charges in the furtherance of justice pursuant to New York's Penal Law Section 170.40.
Criminal charges for stealing an item valued at less than $1,000 most commonly result in an arrest for petit larceny (often called petit theft or shoplifting). In many of these petit theft or shoplifting cases in New York City, the police officer with the City of New York Police Department (NYPD) will issue a desk appearance ticket. Find out more about how Rochelle Berliner aggressively fights these charges throughout New York's five boroughs including Queens (Queens County), Brooklyn (Kings County), the Bronx (Bronx County) and Manhattan (New York County).
<h3Law Office | Desk Appearance Ticket Lawyer in Queens
Queens criminal defense attorney Rochelle S. Berliner represents clients with a desk appearance ticket in Queens (Queens County), Brooklyn (Kings County), Manhattan (New York County) and the Bronx (Bronx County), as well as in Nassau and Suffolk Counties.
If you were contacted by a law enforcement officer or detective with the New York Police Department about a desk appearance ticket, it's important to proceed carefully, regardless of the type of charge. Call to discuss your case during a free consultation.
- Criminal Court Matters