Law Offices of Jason Bassett, P.C.

What You Need to Know About Long Island Desk Appearance Tickets

Under most circumstances, when police determine they have probable cause to believe someone has committed a crime, the person will be arrested and then taken to the precinct, processed, photographed, fingerprinted, and then brought directly to court for an arraignment. Under certain circumstances, however, people charged with minor misdemeanors and a number of felony cases may be issued a Desk Appearance Ticket (DAT). While a DAT is still an arrest, it means the person will only spend several hours at the precinct before being released with a court date and a notice to appear.

DATs are not only significantly less traumatic than a full arrest, but they also allow people to avoid the potential for sleeping in a jail cell for days or even weeks before their case is heard by a judge. Whether you have been issued a desk appearance ticket or an arrest, it is important that you retain a lawyer as soon as possible to help protect your rights and avoid negative consequences like a warrant for your arrest.

The most significant difference between an arrest and a desk appearance ticket is that when you are given a DAT, you will be allowed to leave the police station once they have finished processing your case. In the past, people who were given an arrest would be required to sleep in the jail until their arraignment date. However, since 2020, the NYPD has made it mandatory that they issue desk appearance tickets in most cases, including sex offenses and crimes of domestic violence.

A desk appearance ticket is a notice that tells you when to return to court and where to return for your arraignment, so it can seem very simple. However, if you fail to show up when and where the DAT instructs you to do so, the judge will issue a warrant for your arrest. This is a serious matter and can have lasting and negative effects.

As noted above, retaining an attorney as soon as possible is essential to protecting your rights and the evidence in your case. This is especially true if you have been given a desk appearance ticket, as the initial court appearance for these cases is usually within 4-6 weeks of your arrest. If you hire an experienced criminal defense attorney immediately after your arrest, they will be able to help secure and preserve any evidence that might be helpful in your case.

If you are unable to afford an attorney, the court will assign a public defender to your case on your first court date. However, public defenders have many cases and may not be able to provide the same thorough representation as a private lawyer. If you meet the poverty guidelines, a legal firm can assist you with obtaining a public defender for your case. Please remember, however, that it is always best to contact a private attorney as soon as possible after your arrest so that they can help prevent any mistakes. Any delay in contacting an attorney could result in a warrant being issued for your arrest or the destruction of important evidence in your case. 

Step-by-Step Guide to Handling a Desk Appearance Ticket on Long Island

The traditional method of processing an arrest in New York is to keep the person in jail until they get an arraignment date. However, the police can also choose to release the individual on a desk appearance ticket (DAT) and tell them to come back to court for an arraignment on a later date. Generally, this is done in cases where the person has no previous criminal record and they are charged with a non-violent misdemeanor offense. However, it is important to consult with a criminal lawyer before trying to handle a desk appearance ticket on your own.

Upon receiving the desk appearance ticket, you should review the paperwork and make sure that the dates on which you are required to appear in court are correct. If you fail to attend your arraignment, the court will issue a warrant for your arrest. If this happens, the next time you interact with police, the officers will take you into custody and arrest you on the outstanding warrant.

If you have a legitimate reason for missing your arraignment date, it is essential that you contact an experienced attorney who is skilled in handling desk appearance tickets as soon as possible. They can file a request for adjournment on your behalf and build a strong case to defend you. In some cases, they may even be able to negotiate on your behalf with the prosecutor and have charges reduced or dismissed.

At arraignment, the judge will read the complaint and allegations against you and ask you how you want to plead. If you are pleading not guilty, your attorney will argue on your behalf that the evidence does not prove you committed the offense and that you deserve a fair trial.

On the other hand, if you are pleading guilty, your attorney will prepare for a trial and try to have you sentenced to the minimum jail term possible. If you have an upcoming arraignment, it is imperative to speak with a New York criminal defense attorney immediately so they can review the evidence and prepare for your upcoming arraignment.

A reputable criminal attorney who is experienced in handling desk appearance tickets will be able to explain the process and assist you in navigating the court system and protecting your rights. They can also discuss the potential penalties that you will face if you are convicted of the crime and help you to develop a strategy for fighting the charge.

It is critical to note that although the desk appearance ticket lists only one crime, prosecutors still have discretion and can file additional charges at a later date. A criminal lawyer can also assist you with a desk appearance ticket by explaining what constitutes a misdemeanor as opposed to a felony and can advise you on whether or not the charge you are facing is likely to be elevated to a felony in the future.

Desk appearance ticket are a good thing for people who have no prior criminal records and are charged with a minor offense. However, they can be confusing for those who are not familiar with the court process and what to expect. 

The Role of a Lawyer in Long Island Desk Appearance Ticket Cases

In most criminal cases, when the police have probable cause to believe that an individual has committed a crime, they are arrested, taken into custody, photographed and fingerprinted at the precinct, and then transported to court for an arraignment. However, in some cases, especially for less serious crimes, the police will instead issue the person a desk appearance ticket to appear in court on a later date.

When someone receives a desk appearance ticket to go to court, it is important for them to contact a New York criminal defense lawyer right away. The reason is that the arraignment date is generally scheduled for soon after the arrest, and a desk appearance ticket attorney can help them prepare. At the arraignment, the judge will tell the individual about all of the charges and what kind of repercussions they might face if convicted of the offenses charged.

Having an attorney present can also be helpful at the arraignment because an attorney may be able to help the client avoid a conviction by making certain plea deals or even getting the case dismissed entirely. It is also important to note that convictions on a person’s record can have serious consequences such as employment, immigration, and civil issues.

If an individual misses their arraignment due to unavoidable circumstances or last-minute conflicts, it is critical to contact a New York desk appearance ticket attorney immediately to prevent the issuance of a warrant for that person’s arrest. A qualified attorney can attend the arraignment in their place and request an adjournment. The attorney can also discuss the charges with the judge and work to get the matter resolved that day or as quickly as possible.

At the arraignment, an experienced New York criminal lawyer can explain all of the charges that are filed against the person and discuss the potential repercussions for each charge. They will also review the person’s criminal history and assess how these charges might impact that person in their future.

If a person is unable to afford a private attorney, they can bring documentation to their arraignment showing that they meet the poverty guidelines for public defender representation. Then, if they agree to accept the representation, a public defender will be assigned to their case. However, this option is not always available to everyone, and in many cases, it is better to hire an experienced legal team to represent the individual for their case. Contact a New York office today to schedule a consultation with an experienced attorney. Lawyers can help you understand the charges that are filed against you and develop a strong strategy for your defense. They have successfully handled thousands of cases and are ready to fight for you. Call now to schedule your appointment. Many offer flexible payment plans to suit your budget. The consultation is free and completely confidential. 

Law Offices of Jason Bassett, P.C.

Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer

320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States

(631) 259-6060