Desk appearance ticket
Encyclopedia
In New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

, a desk appearance ticket (DAT) is an order to appear in county court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...

 for an arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...

. When a DAT is issued, you are considered to be under arrest from an administrative standpoint. You report to arraignment
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...

 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.
NewYorkCriminalLawyerBlog.Com
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