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.