New York Desk Appearance Ticket Frequently Asked Questions
If you are arrested the arresting officer may issue you a desk appearance ticket (DAT) which is an order to appear in court for an arraignment. DATs are issued in cases where the offense is a relatively minor and where the defendant does not have priors. Make no mistake. If you are given a desk appearance ticket you have been arrested and you will have to face those charges in criminal court. This means that you should have an experienced New York desk appearance ticket lawyer by your side to represent you at your arraignment and throughout your criminal case.Why doesn’t everyone is arrested receive a DAT?
DATs are only issued to those who are charged with violations such as trespass, disorderly conduct, and loitering. They are also issued for misdemeanors such as criminal trespass in the third degree, issuing a bad check, and prostitution. They are also occasionally issued to those charged with class E felonies. If a DAT is not issued, the typical process is for the person who is arrested to be held in jail at Central Booking for about 24 hours until his (or her) arraignment. If a DAT is issued, after completing your paperwork, the arresting officer will let you go home with an order to return to court at a specific day and time for your arraignment.What is an arraignment?
An arraignment is the first time you will appear in a court before a judge after being arrested. It is not the criminal trial. During arraignment the prosecutor will let the court know the charges against you. You will enter a plea—usually guilty or not guilty. The judge will then make a determination about bail. The options are that you will be released without bail (ROR), you will have to post bail, or you will be held without bail. If you were issued a DAT and you fail to show up for your arraignment, then a warrant will be issued for your arrest. You may be faced with additional criminal charges.
It is important that you have an experienced New York desk appearance ticket lawyer at your arraignment. Even though an arraignment is brief, a lot of important decisions are made including your initial plea and bail. It is important that your attorney is there to ensure that the appropriate decisions are made in order for your case to have the best chance of having a favorable outcome.What will happen after my arraignment?
If you plead not guilty at your arraignment, then there will be a series of motions and hearings. At some point the prosecutor may offer you a plea agreement. If you accept it, then you will plead guilty to a charge that may be a less sever charge, and as a result your sentence will be less severe than if you were convicted of the original charge. Otherwise, your case will proceed to trial. If you plead guilty at your arraignment, then the next step will be your sentencing.
An experienced desk appearance attorney in New York will work hard to make sure your case has the best possible outcome, whether it is resolved pre-trial or at trial.Contact the Law Offices of Stephen Bilkis & Associates
While a desk appearance ticket signals that the criminal charge is a violation or a misdemeanor, it still is a step in the criminal process that can go very wrong if not handled properly from the arraignment until the case is resolved. With over two decades of experience representing clients in New York who have been charged with violations, misdemeanors and felonies, the staff at the Law Offices of Stephen Bilkis & Associates has the knowledge and resources to vigorously defend you at your arraignment and throughout the entire criminal process. Contact a desk appearance attorney serving New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of misdemeanors and felonies in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.