Desk Appearance Tickets, also known as DATs, are issued in New York City. They’re a notice given to defendants in criminal court, informing them of the time and place they must appear for their arraignment. A DAT is one of two ways in which an arrested person might appear for arraignment. When a person receives their DAT, they’ll be permitted to appear by themselves on the date that the document indicates.
When a person doesn’t receive a DAT, they’re processed through an arrest-to-arraignment system. The arraignment is meant to take place within 24 hours of the arrest. After an arraignment occurs, a case will proceed normally regardless of whether a DAT was issued or not.
For the most part, a DAT will be issued if the crime in question is a misdemeanor. There must also be little worry about the defendant fleeing from the jurisdiction. That said, a DAT might be issued for violations as well. It’s possible that people will receive a DAT if accused of a class E felony, but this is rare. Class E felonies are the most mild type of felony.
If a person does not appear in court on the date that was indicated by their DAT, there will be a warrant issued for their arrest.
A DAT’s authority is outlined in Criminal Procedure Law 150.10. This describes the Desk Appearance Ticket as a notice written and issued by a police officer, which designates a defendant to appear in their designated court for their arraignment. The ticket must include the location, date, and time of the necessary appearance.
Not everyone who is eligible for a Desk Appearance Ticket will receive a Desk Appearance Ticket. The police department is always the deciding entity regarding whether a person will receive a DAT. When the Giuliani administration was in power, DAT proceedings were drastically reduced in favor of the arrest-to-arraignment system. The logic behind this was to ensure that outstanding arrest warrants were not issued to people receiving DATs.
After the Giuliani administration, DAT issues increased. Still, the issue of DATs isn’t as common as it was once upon a time. DATs are not the same as universal summonses, or summons tickets. These appearance tickets direct defendants to appear for their arraignment, but it also functions as the instrument of accusation. When a defendant is given a summons ticket, they are not arrested. When they are issued a DAT, this means they have been arrested, and a complaint has been filed by a prosecutor.
If you have received a DAT, it’s vital that you appear in court at the specified date and time. Court appearance is not optional. You must be present for your arraignment. The arraignment is the point at which you will hear the charges that have been leveled against you.
Regardless of the crime you’ve been accused of, it is essential that you get in contact with an experienced attorney as soon as possible. The attorney should be present for all questioning following the arrest, and they should also be present during the arraignment.
When you’re arraigned, it’s common to be surprised by the actual charges you’re facing. Sometimes, charges will be more serious than expected, or there might be more charges than you expected. Your lawyer will understand the charges. They’ll review the circumstances surrounding your case and provide you the best criminal defense available. They’ll also be responsible for bringing you through the series of motions and hearings.
Your options will vary widely depending on the crime in question. In many cases, you’ll be able to take a plea deal by pleading guilty to lesser charges. If the crime was drug-related, you might also be able to go through New York’s drug court, rather than the criminal court.
If you’ve been accused of a class A misdemeanor, you might still be facing penalties of up to one year in jail. This makes the need for an attorney even more important.
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