NYC Desk Appearance Ticket 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.
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. 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.
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.
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. Low level drug crimes involving marijuana possession usually qualify. Petit larceny, otherwise known as shoplifting that has a property total of less than $1,000, might also qualify. If you receive a citation for criminal Weapon Possession, you might also receive a DAT. That said, you’ll only be eligible for a DAT if the particular weapon you possessed was classified as a low risk weapon.
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.
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.
For certain types of crimes, DATs are rarely issued. Domestic violence and sex crimes are two of these. DWAIs are not handled through the DAT system; if you are suspected of DWAI, you will be arrested immediately. White collar crimes also don’t go through the DAT system.
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.
If you do not appear in court at the appointed time, the judge will then issue a bench arrest warrant. 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.
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.
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.
It’s important that you understand that DATs are issued based on the discretion of the arresting officer. 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.
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.
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. 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.
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.
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. The attorneys at Spodek Law Group are here to help you. Please visit our website at www.criminallawyersnyc.com. You can also call us at 888-348-8028 to schedule a consultation. We have offices throughout NYC and Long Island