In some criminal cases, the police officer may decide that physically arresting you is unnecessary. Instead of putting you through the booking process, the police might simply issue a desk appearance ticket (DAT) to you. Basically, this is a summons that permits you to go home and return on a certain date to see the judge and go through the arraignment process.
Although this may seem like a simple process that you can handle, you may still consider having a Brooklyn desk appearance ticket lawyer present. A lawyer who understands this process and the criminal laws regarding your case will ensure your best interests are met. Going home does not erase the fact that the DAT is still considered an arrest for a crime, even minor ones.
Crimes That May Warrant a DAT
The officer who arrives at the scene of the alleged crime has sole discretion to either physically arrest you or simply issue a DAT. Typically, he or she determines of the crime warrants a full arrest and booking.
If you do not have a criminal history, it is possible that you will not have to go to jail immediately. There are also different crimes, particularly non-felony and no human victim, that are considered for a DAT.
Some of these crimes may include:
• Criminal mischief
• Petit larceny
• Possession of marijuana
• Property damage and vandalism
What to Do after Receiving a DAT
Once the arresting police officer has completed a majority of the paperwork that is required for a physical arrest, you will receive the desk appearance ticket. Keep this document because it provides all the details you need to know about the next phase of your criminal case. It lists the date and time you need to appear in court for the arraignment.
The arraignment is not a criminal trial. Rather, it is a hearing where you are informed of the charges brought against you. During this procedure, you enter your plea and request bail. If you hire a DAT lawyer, he or she can make an argument for bail on your behalf.
Your arraignment date cannot be missed. If you do not appear, there will be a bench warrant issued for your immediate arrest.
How to Expect Your Case to Proceed
The only difference between receiving a DAT and being booked is you are allowed to go home instead of remaining in custody while you wait for the date and time of your arraignment. After the arraignment, your criminal case proceeds as normal. Generally, it is handled in Brooklyn’s criminal court.
Be prepared to respond during the arraignment. Speaking with a brooklyn criminal defense lawyer before the required date will prepare you. He or she will review the facts in your case and recommend how you should plea. Circumstances surrounding the case that could factor into what happened are equally important.
If you decide to plead guilty, the prosecutor might be willing to offer a lighter sentence in exchange for your admission. In some cases, the prosecutor might change the charges to a lesser offense. This will avoid pursuing the case any further.
However, by pleading guilty, you surrender your right to defend the charges against you in a jury trial. If you decide to plead not guilty, you will have an opportunity to avoid being convicted. Being able to introduce reasonable doubt or successfully proving affirmative defenses may keep you from serving jail time.
Before the arraignment, you and your criminal defense lawyer will go over your options and decide on the most favorable outcome for your case.
Contact a Brooklyn Desk Appearance Ticket Lawyer
Before you accept anything offered by law enforcement regarding your case, you should contact our law firm. We have experienced lawyers who will determine the best way to handle a desk appearance ticket.
If you’re charged with a crime, you may be ordered to appear in court. Depending on the charges you face, you may be required to appear several times for the case – for things like arraignments, pre-trial conferences, hearings, trials, sentencing, or other procedures. Summons, or notices are court orders. If you don’t appear as mandated by the order, you have violated a court order and face the contempt of court. That can even mean additional criminal charges.
You could be charged with one of two crimes. Failure to appear, which is a misdemeanor. Contempt of court, which is also a misdemeanor.
There are many actions which can be taken if you fail to appear at court.
Our NYC failure to appear lawyers can help you create solid defenses that make it apparent to the judge that you didn’t fail to appear on purpose. The court has to give you proper notice in order to prove you didn’t willfully appear. If the procedure is to send notice by mail, then court is required to mail notice your address or the attorney. If your address changes and you inform the court – and you don’t get the notice, then it’s not your fault you didn’t appear.
In the event circumstances beyond your control kept you from appearing in court, such as an illness, an accident, or disaster, then this can be a defense our nyc failure to appear lawyers use to defend you.
If you are a witness who failed to appear in court, then you might face the same penalties as if you were the one being charged with the crime. If you don’t show up as ordered, you could face contempt of the court, and have an arrest warrant issued
Regardless of why you didn’t show up in court, you should consult with an attorney ASAP. Our nyc criminal attorneys know the rules, and can help you.
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