Criminal Defense Lawyers

Failure to Appear for a NYC Desk Appearance Ticket (DAT)

It might not seem like the biggest deal for some, but appearing for a Desk Appearance Ticket (DAT) in New York is a serious situation. When you’re summoned to appear for a DAT, you must be present at the correct time, in the correct location, and you must not take this lightly. Failing to appear for a DAT results in a warrant for your arrest. What this means is you are going to be arrested anytime and anywhere a police officer finds you and realizes you have a warrant.

If you’re pulled over for driving without a tail light and an officer merely wants to warn you of the situation, you will be arrested if he runs your license and sees there is a bench warrant out for your arrest. If you book an airline ticket to leave the local airport to the Bahamas for your honeymoon, you will be arrested at security when your license is scanned. If you are arrested for anything else, you’ll be arrested and charged with failure to appear for DAT, too. It’s a serious crime, and being present for your DAT hearing is the only way to ensure this does not occur.

What if I can’t appear?

If you are issued a date and time for a DAT hearing, you must be present. If there is a situation that comes up preventing you from appearing, you must try and work through the situation beforehand. You cannot simply fail to appear in front of a judge when summoned and hope you can work through the misunderstanding later. Save for being involved in an accident, delayed getting home at an airport, or the occurrence of a natural disaster, there are very few things you cannot let the court know about ahead of time. Most of the time the court is willing to grant you an extension by rescheduling your DAT so you can be present.

Failing to show up is not an option. If you fail to show up without any notification, you will be issued a bench warrant and arrested the next time your license is used to identify you by a police officer. In addition to being issued a bench warrant, you’ll also have a criminal record and the warrant issued in your name will be on your record forever. A warrant in your name can affect your immigration status, your legal issues, and even your ability to apply for a job. You must notify the court if you simply cannot appear on the scheduled date.

Contact an Attorney

The best way to handle a problem of this magnitude is to handle it before it becomes a problem of this magnitude. If there is a DAT scheduled for you and you cannot be there on the date scheduled, call an attorney. With an attorney on your side, you are able to work through the situation with the attorney backing you up. With a valid reason, the attorney can contact the court and ask for a different DAT date, and it’s highly likely the court will provide you with this new date.

In some cases, your attorney can show up and be there for the DAT hearing on your behalf. This works if there is prior permission granted, but it might also work if there is a last-minute emergency and the court must be notified too late to change the date. For example, if you are pregnant and fail to appear because you went into labor, there is no reason the court cannot allow your attorney to stand in for you or even postpone your hearing until you’re released from the hospital since there’s very little control in a situation of this magnitude.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

You don’t know what might constitute a valid reason for missing a DAT until you call an attorney and work with them to discuss your options. If you run the risk of losing your job asking for time off for a court hearing, you could get it moved with the help of your attorney. If you’ll be traveling on the date of your appearance, your attorney might be able to get the date moved. Don’t just miss it. Call an attorney and get permission to miss or have it rescheduled.

Failing to appear is an automatic bench warrant for you, and being arrested for a bench warrant means spending at least one night in jail. It’s not a situation in which you want to find yourself in New York, which is why it’s time for you to call an attorney and rectify this situation before it’s a problem. Handling it in advance is always the wise decision when a court of law requires your presence for an official hearing.