NYC DAT Lawyer Explains the Process
A New York desk appearance ticket (D.A.T.) is a ticket issued by a law enforcement officer that requires you to come to court to face criminal charges. A desk appearance ticket is different from a speeding ticket or other ticket for a traffic offense. It is an order to appear in criminal court, and it is a form of being arrested. You must respond appropriately and take the desk appearance ticket seriously. Protecting your rights under these circumstances often means getting help from a criminal attorney in New York City.
Bukh Law Firm, PLLC. represents clients who have received a D.A.T. We will advise you on the implications of your D.A.T. as well as on how to respond to your ticket. Our goal is to help you approach your ticket strategically to reduce the chances of a criminal conviction or limit potential penalties you face.
Contact a New York desk appearance ticket lawyer at Bukh Law Firm, PLLC. as soon as you are cited so you can begin preparing your case.
What is a New York Desk Appearance Ticket?
When you are arrested for most criminal offenses, you are taken into custody and must wait for an arraignment. At arraignment, you come before a judge and enter a plea. Your attorney argues for bail, and you may be released pending trial either on your own recognizance or after posting a bond. If you are viewed as a flight risk and/or have been accused of a serious crime, you will be held pending trial and not offered bail. When released pending trial, you are required to come to all subsequent court hearings or may be in violation of bail conditions.
A DAT is an alternative to making you go through Manhattan central booking or booking elsewhere in New York City and is an alternative to making you wait in custody until arraignment. You are still under arrest for a crime, and there will be a record of your arrest that could show up on background checks. However, you will be told to go home and return for arraignment rather than being held until you come before a judge.
When is a NYC Desk Appearance Ticket Issued?
A New York DAT is typically issued if a law enforcement officer suspects you of violating the law, but if you do not appear to be a flight risk of a risk to public health and safety.
Typically, a desk appearance ticket is issued only for misdemeanor offenses. Misdemeanor offenses include crimes such as drug possession and shoplifting. The maximum punishment for most misdemeanor offenses that could result in a D.A.T. is typically one year of incarceration, but many offenses will not result in any jail time even if convicted.
In rare case, a desk appearance ticket may be issued for low-level felonies. If you have committed a serious crime but wish to avoid the traditional booking and arraignment process, your New York City criminal defense lawyer may be able to negotiate a desk appearance ticket as part of an agreement to surrender yourself to face charges.
A variety of criteria is used by law enforcement officers to determine if a D.A.T. is an appropriate alternative to being taken into custody. Typically, you must have a valid identification and no past criminal record. The offense you are suspected of committing must also not be a domestic violence offense.
What Should You Do After Receiving a Desk Appearance Ticket?
You will be given a desk appearance ticket after a law enforcement officer has completed most of the paperwork required for a traditional arrest. The ticket will provide you with information on when you must come to court for arraignment.
Arraignment is not a criminal trial. It is a hearing in which you are informed of all charges that have been brought against you. You must announce your plea at arraignment and make an argument for bail, just as you would if arraignment had occurred immediately upon being arrested.
You must come to court as required by your D.A.T. for the arraignment. If you do not report to the arraignment, a bench warrant will typically be issued for your immediate arrest. This means you could be taken into police custody at any time.
You must be prepared to know how to respond during arraignment when you come to court as required by your desk appearance ticket. Speaking with a New York criminal defense lawyer prior to arraignment is a smart choice as your attorney can review the facts and the circumstances surrounding the arrest and help you make an informed choice regarding how to plead.
If you plead guilty, a prosecutor is sometimes willing to recommend that you face a lighter sentence in exchange for your admission that you committed the offense. A prosecutor may sometimes even agree to charge you with a lesser offense to avoid having to continue to pursue the case against you in court.
However, pleading guilty means you give up the opportunity to defend yourself in a trial by jury. If you plead not guilty, you have the opportunity to avoid conviction if you can introduce reasonable doubt about your guilt or if you can successfully prove affirmative defenses. Before you attend arraignment and make the choice about which option is likely to lead to the most favorable possible outcome in your case, you should consult with a New York criminal attorney for advice.
How Does Your Case Proceed After a New York City Desk Appearance Ticket?
Your case will progress as a normal criminal case after you have received a desk appearance ticket. The only difference is that you are free to leave after your arrest and come back for arraignment, rather than remaining in custody until the arraignment occurs.
Your arraignment will be handled in regular criminal court in New York, not in a summons court. After your arraignment, your case will proceed as normal and will be no different than if you had been subject to the traditional arraignment procedure.
Getting Legal Help
A NY defense lawyer can carefully review the offenses you have been charged with and provide you with legal advice on how to navigate the criminal justice system when you have been charged with a crime. After receiving a New York City desk appearance ticket, your attorney will work hard to help you build a defense and protect your reputation and your future.
Call today to schedule an appointment with a New York DAT lawyer at Bukh Law Firm, PLLC.
