Mar 21, 2024

NYC Child Pornography Lawyers

Sometimes when you are criminally charged in the state of New York, you will receive a Desk Appearance Ticket, otherwise known as a DAT. You might not be sure what the DAT means or what your responsibilities regarding it are.

Some people assume the Desk Appearance Ticket is a traffic ticket, but this is incorrect. DATs are more serious than traffic tickets, and they require you to appear in court. You might have been issued a DAT even if you were not arrested.

What is a Desk Appearance Ticket (DAT)?

This type of ticket has multiple colloquial names, from DAT to white ticket to pink summons. Legally, they’re all the same type of order.

According to New York Criminal Procedure Law § 150.10, a DAT is “a written notice issued and subscribed by a police officer or other public servant” directing you to appear in criminal court at a specific date and time.

Understanding the Legal Implications

When you receive a DAT, this is an indication that a criminal charge is pending against you. This might mean that a criminal trial will occur some time in the future.

If you’re convicted, you will have an official criminal record, which can be devastating for future prospects.

Why You Need Legal Representation Immediately

When you receive a DAT, you should get in contact with a defense attorney as soon as possible.

Spodek Law Group includes lawyers who can help you field the criminal justice system and understand the charge or charges that have been made. They can also help you understand your options and provide the best criminal defense possible.

Eligibility for Desk Appearance Tickets

A person will usually be issued a DAT when there are no criminal offenses already on their record. Multiple crimes are eligible for DAT issue rather than arrest and booking.

Common Offenses Eligible for DATs

• Low level drug crimes involving marijuana possession
• Petit larceny (shoplifting with property value less than $1,000)
• Criminal Weapon Possession (for low-risk weapons only)
• Disorderly conduct and other violations
• Criminal trespass in the third degree

A pink summons ticket will be used by a law enforcement official for criminal offenses that can be considered misdemeanors or violations.

Violations aren’t technically classified as crimes, but they do have a potential punishment of fifteen or fewer days in jail. A misdemeanor offense has a maximum penalty of one year in jail.

Class E Felony DATs

In very rare cases, you might be issued a DAT if you are accused of a class E felony.

Class E felonies are the most minor type of felony charge, but they still carry a potential maximum penalty of four years in prison.

Offenses That Don’t Qualify for DATs

For certain types of crimes, DATs are rarely issued. According to Criminal Procedure Law § 150.20, DATs cannot be issued for:

• Class A, B, C, or D felonies
• Domestic violence incidents
• Sex crimes (violations of Penal Law § 130.25, 130.40)
• DWAIs (driving while ability impaired)
• White collar crimes
• Escape offenses (Penal Law § 205.10, 205.17, 205.19)
• Bail jumping (Penal Law § 215.56)

Officer Discretion and DAT Issuance

DATs are issued with the discretion of whatever law enforcement officer cited you. The ticket takes the place of an arrest.

Your case remains serious whether or not you were arrested, though. You must go to the hearing at the time and place specified on the ticket. Your attorney should accompany and speak for you.

Consequences of Missing Your Court Date

If you do not appear in court at the appointed time, the judge will then issue a bench arrest warrant.

As stated in Criminal Procedure Law § 150.60, “the court may issue a summons or a warrant of arrest based upon the local criminal court accusatory instrument filed.”

A bench warrant doesn’t require law enforcement officials to actively seek you out, but if you are stopped in traffic or otherwise encounter law enforcement, you’ll be arrested and booked right away.

Legal Process After Receiving a DAT

Your lawyer may be able to negotiate a plea deal with the prosecution depending on the circumstances surrounding the case.

If no agreement can be reached, it’s possible that the case will go to trial. Misdemeanors are tried before a judge and felonies before a grand jury.

NYC Desk Appearance Ticket Lawyers

A NYC DAT defense attorney is someone who will fight for your rights. It’s not uncommon for people to think that they should enter a guilty plea and the accept the crime’s consequences.

It’s also a mistake to assume that a judge will see that the accused person is not guilty and dismiss the charges. Having this mindset when the prosecution is preparing a case against you can have adverse consequences.

Hiring a desk appearance ticket attorney in New York will help you avoid the consequences of a criminal case.

Common Misconceptions About DATs

A common situation where people fail to recognize the potential consequences of criminal cases is when they get a desk appearance ticket.

The process of being arrested in New York is a frustrating and overwhelming experience. However, it may be better than going through the arrest process.

Instead of waiting in a holding cell for up to 24 hours to be arraigned on criminal charges, getting a desk appearance lets you go home once the arrested has concluded.

You can even be issued a DAT without a formal arrest. If you get charged with unlawful possession of marijuana or similar charges, you might receive a DAT.

DAT Issuance Authority

It’s important that you understand that DATs are issued based on the discretion of the arresting officer.

As outlined in the NYPD Patrol Guide, officers must follow specific procedures when determining DAT eligibility.

DATs serve a specific purpose. Unlike a traffic ticket, the desk appearance ticket is not for charging someone. They do not meet the pleading standards for arraignment.

Understanding Your Obligations with a DAT

A mistake on a traffic ticket, like the incorrect address, can be grounds to dismiss the ticket. If a similar mistake happens on a DAT, the impact is not the same.

The serious charges, like grand larceny, are not likely to get a dismissal should something similar happen.

Mandatory Court Appearance Requirements

Something else you should know about DAT in New York, it imposes certain obligations on you.

If you got a DAT, you have to appear in court at the date and time written on the ticket. According to Criminal Procedure Law Article 150, you can’t mail in your fine and appearing in court is not optional.

Your scheduled court appearance is where you will be arraigned on the criminal complaint. You cannot skip this court appearance.

What to Do If You Can’t Attend

Should some unavoidable circumstance or last-minute conflict occur, you need a desk appearance ticket attorney who can attend the arraignment in your absence.

Or, you will need an attorney to request an adjournment. Not showing up at the specified time will lead to the issuance of an arrest warrant.

If you were issued a DAT and missed your appearance, you will need to hire a New York DAT lawyer as soon as possible.

The Importance of Legal Representation

If you, or someone you know, were issued a DAT ticket, it’s important that you speak with an attorney.

We can answer any questions and have someone represent you if you are unable to appear at your court date. Having an attorney will help you avoid the negative consequences you will face by not appearing at the hearing.

Recent Changes to DAT Laws in 2020

Beginning January 1, 2020, new rules imposed by the New York State Legislature have significantly changed Desk Appearance Ticket procedures.

Chief among those changes is that the vast majority of misdemeanor and many felony charges now require the use of Desk Appearance Tickets. The decision to proceed by way of desk appearance ticket is no longer discretionary in the vast majority of circumstances.

Exceptions to Mandatory DAT Requirements

Exceptions to the mandatory desk appearance ticket requirement include:

• Sex offenses
• Offenses against family members
• Offenses where license suspension is possible
• Cases requiring orders of protection

NYC Child Pornography Lawyers