Who is Eligible for a Desk Appearance Ticket (DAT)??

Desk Appearance Tickets (DATs) are an incredibly relevant aspect of the New York penal code for the vast majority of offenders in the state of New York. They can be greatly preferable to other forms of arrest. A traditional arrest can lead to a defendant being locked in jail for at least 24 hours where all sorts of sordid things can happen to them. The accused then has to appear at an arraignment and post bail, or be held in jail until their trial date. This entire process is cumbersome, expensive, and opens up a defendant to numerous pitfalls and challenges.

What is a DAT?

DATs change the process and prospects entirely. The DAT is a process where a defendant is not locked up or arraigned in the traditional way. Instead, a DAT is a ticket issued by an officer where the defendant is set to appear in court on a particular date. The court appearance usually results in the judge hearing evidence and issuing a charge. In the interim, the defense attorney and the prosecutors may seek a plea bargain and both sides are given time to evaluate and shore up their cases. The defendant is not held, but an arrest warrant is issued if they fail to appear in court on the designated date. However, this opportunity is not open for every defendant. Defendants who are charged with violent felonies often do not receive even the opportunity for a DAT and are arrested and held immediately. Only certain defendants will be able to take advantage of the flexibility and openness of the DAT.

Who is Eligible for a DAT?