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New York City Desk Appearance Crimes and Procedure: FAQ

What is a DAT charge?

A DAT, or Desk Appearance Ticket, is a document in New York that is issued to a person who has been arrested by law enforcement that requires that the arrested person appear in Court on some future date. A DAT can be issued by law enforcement in their discretion instead of holding the arrested person for a day or more while they wait to see a judge for arraignment. DATs are typically only issued in connection with misdemeanor charges and when the person arrested does not have a significant criminal history.

What is a desk appearance ticket?

A DAT, or Desk Appearance Ticket, is a document in New York that is issued to a person who has been arrested by law enforcement that requires that the arrested person appear in Court on some future date. A DAT can be issued by law enforcement in their discretion instead of holding the arrested person for a day or more while they wait to see a judge for arraignment. DATs are typically only issued in connection with misdemeanor charges and when the person arrested does not have a significant criminal history.

Is a DAT an arrest?

A DAT, or Desk Appearance Ticket, is a document in New York that is issued to a person who has been arrested by law enforcement that requires that the arrested person appear in Court on some future date. A DAT will only ever be issued in connection with an arrest.

Do I have to appear in court for a DAT?

Yes. A DAT, or Desk Appearance Ticket, is a document in New York that is issued to a person who has been arrested by law enforcement that requires that the arrested person appear in Court on some future date.

Do you go to jail for missing a court date?

It depends. If you miss your court date on a criminal case in New York, the judge may issue a Bench Warrant for your arrest. When you are returned to the Court on that Bench Warrant, the judge will decide whether or not to set bail, whether to set a higher amount of bail if bail was already set, or whether to remand you which means that you are held without bail. You could also be charged with Failing to Respond to an Appearance Ticket, PL 215.58, which is not a crimes, but is still punishable by up to 15 days in jail.

How do I change my court date for a DAT?

If you cannot appear in Court on the date specified on your DAT, or Desk Appearance Ticket, you can attempt to contact the Court to reschedule your appearance or hire an attorney to discuss rescheduling with the Court and District Attorney’s Office. If you do not receive clear confirmation that your court date has been rescheduled, and you fail to appear in court, a judge may issue a Bench Warrant for your arrest.

Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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