Desk appearance ticket

Desk appearance ticket

In New York City, a desk appearance ticket (DAT) is an order to appear in county court for an arraignment. When a DAT is issued, you are considered to be under arrest from an administrative standpoint. You report to arraignment on the date shown on the DAT; from that point forward, your case is like any other legal case. The only difference is that you avoid actual arrest, booking, and incarceration before your arraignment. Obviously, DATs are only issued for crimes in which there is little chance that the defendant will flee the jurisdiction and the crime is not severe; currently, DATs may be issued for violation, misdemeanors, and "E" felonies. If you do not return to court on the date indicated on the DAT, the prosecution can request and a judge can issue a bench warrant for your arrest.

From a legal standpoint, the authority for a DAT is found in New York's C.P.L §150.10, which describes a DAT as "a written notice issued and subscribed by a police officer... directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense." If you receive a Desk Appearance Ticket but fail to appear as instructed, the court may issue a warrant of arrest based upon the crime charged (C.P.L §150.60). When you appear for your arraignment (your return date), your lawyer may argue bail, engage in plea negotiation or adjourn the case to file legal motions or for a trial.


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