Desk Appearance Tickets

Practice Areas

May 28

Written By Tom Tormey

Posted by Thomas A. Tormey, Jr., July 29, 2020

What is a Desk Appearance Ticket?

A Desk Appearance Ticket (also known as a “DAT) is an Order issued by the police after they have arrested someone, ordering them to appear in court on a future date.
After issuing the person the DAT, the police will release the person from custody, and the person is free to leave.
Not everyone will receive a DAT and those people who do not receive a DAT will be held in custody until they see a judge at what is called, the arraignment.
In order to get a DAT, you have to qualify for it. In order to qualify, the police will look at the charge for which you were arrested as well as a number of factors that are set forth in the statute to determine if you should get a DAT.
After the police have reviewed all of the factors, and if they decide you are entitled to a DAT, they will issue it to you, order you to appear on a future date, and then release you.
Importantly, if you get a DAT, you were still arrested, you just won’t be held in custody until a judge can see you.
The law pertaining to DATs is set forth in Article 150 of the New York Criminal Procedure Law. If you’re interested in learning more about Desk Appearance Tickets, here is the law that governs the issuance of a Desk Appearance Tickets. https://www.nysenate.gov/legislation/laws/CPL/A150

Who gets a DAT?

On January 1, 2020, the law in New York was changed and now the police must issue a desk appearance ticket to almost anyone charged with a violation, a misdemeanor, or certain class E felonies.
In addition to a person having been arrested for an eligible offense, the police must issue the person a DAT if they are able to produce some sort of verifiable identification, like a driver’s license or a photo ID.
Some offenses that people get arrested for do not qualify for a DAT and the person arrested for those offenses will not receive a DAT, and they will not be released until after they see a judge.
Under the new law, it doesn’t matter how many prior arrests or convictions you have, if you otherwise qualify for a DAT, the police are required to issue it to you.

Do the police issue DATs to everyone, if they have identification and are arrested for certain offenses?

who has an outstanding warrant;
or if the person has failed to appear in court for a proceeding in the last 2 years;
or if the person is charged with a crime against a family member or member of their household;
or if the person is charged with a crime that is a sex offense;
or if the person is charged with a crime for which the court can suspend their driver’s license (DWI for example);
or if the person is arrested for an offense where the court should issue an Order of Protection;
or if the person who was arrested is suffering from physical or mental distress to such an extent that medical care or mental health care would be in the person’s interest to receive.

What should I do now that I have been issued a Desk Appearance Ticket?

Remember, you have been arrested. You will have to appear before a judge for arraignment on the date and at the time and the location that is indicated on the DAT.
Important! You must appear in court on the date indicated on the DAT.
If you don’t appear on the date and at the time indicated, a warrant will be issued for your arrest and the police will come looking for you to arrest you.
This is serious. The outcome of your case could affect you for the rest of your life.
The first thing you should do is hire an experienced criminal defense attorney to represent you. Call Tom Tormey now.

Does your firm handle Desk Appearance Tickets?

Yes.
Tom Tormey has personally handled hundreds upon hundreds of Desk Appearance Tickets, if not more, and he is a highly respected criminal defense attorney who will give you excellent representation at a very fair price.
Call Tom Tormey now. You’ll be glad you did.

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