Who is Eligible
The laws and procedures that govern New York City are highly complicated. If you are visiting this community from overseas, another state or you happen to live here, it is vitally important to be aware of certain legal terms. One of the most commonly issued law related procedure is what is known as a desk appearance ticket or D.A.T. The D.A.T. is a procedure followed by local courts. It is an indication that the courts believe you have engaged in some form of criminal behavior. At the same time, the D.A.T., unlike certain other procedures, has certain advantages. Unlike other forms of legal summonses, you are allowed to leave the court. The defendant is not placed in jail. Instead, you given the chance to come back to the court on the date specified by the D.A.T. This means you are free to go about your business and life. You can work and care for children until your case is heard by the courts on that date. While the D.A.T. is useful keep it mind it does not apply to all the cases in New York City. Only certain types of cases are eligible.
Certain crimes are eligible under these laws. In general, these are what are considered to be minor misdemeanors. These are crimes that punishable under law by a term of jail for under a year or less. For example, those who are accused of shoplifting may be given a D.A.T. The same is true of those who are found with a knife as well as certain controlled substances. This can apply to those who are found with a certain quantity of marijuana on hand during a search by an officer. Other types of issues may also be given this type of ticket rather than sent to jail. Someone who skips a turnstile on the way to the subway or hails a cab and then does not pay for the cab’s services may be handed a ticket and then told to show up in court on a given day. Even a crime that involves a physical altercation may only result in this kind of ticket rather than being hauled away to a jail cell. Someone who is found by law enforcement officials to having assaulted or punched another person may be eligible for this form of legal redress. These are not the only kinds of offenses that can impact the person’s case and lead them to a simple desk ticket rather than years in jail.
For example, if someone is accused of shoplifting, the value of the goods in question can affect if they are given this kind of ticket instead of being sent to jail. Someone who is accused of stealing an amount more than a thousand dollars but less than three thousand dollars can be handed a D.A.T. instead of being forced into a cell. The same is true of those who are accused of property damage crimes. Even if this crime is valued at above $250, it is still possible for the court system to consider offering the person the option of a D.A.T. rather than having to spend time in jail waiting for their case to be heard.
Those given this option must meet certain requirements. One of the most important is presenting a local address. In general, the D.A.T. is available only to those who live in this area. However, a local judge may agree that the person being accused can be allowed to substitute another address instead of the one they reside in in another jurisdiction. This can be any one of certain kinds of addresses. For example, they can provide a friend’s address if that friend lives in New York City. The same is true if they have relatives in the community. A foreign national can also be given this option if they are visiting the United States from another part of the world. Keep in mind, the D.A.T. is not a given. It is up the discretion of the local officer. Other factors may influence your ability to get the D.A.T. rather than being escorted to jail.
While it is possible to have a D.A.T. under many circumstances, there are certain laws that will not result in one. For example, those who are accused of what are known under law as domestic offenses will not be given this option. In that case, they will be sent to jail instead. Under these circumstances and many others, it is often a good idea to consult with a lawyer. A lawyer can help with all aspects related to these issues that may arise. They can and will make sure that all legal procedures are followed on your behalf in New York City.