Who is Eligible for a Desk Appearance Ticket (D.A.T.)?

Generally speaking, whenever we are able, the criminal defense attorneys at Saland Law attempt to get our clients Desk Appearance Tickets in New York City when a detective or police officer is seeking to have that person turn him or her self in. Other times, the police stop someone and issue them a Desk Appearance Ticket even without the behest of a New York criminal lawyer. Make no mistake. While a DAT is still an arrest – you have been printed and issued an arrest number – it certainly is significantly better than being held in custody for 24 hours in Manhattan’s central booking or in the bowels of the “Tombs.” Unfortunately, however, not everyone is eligible for a DAT. Only certain offenses and individuals are DAT eligible.

Most misdemeanor offenses, crimes that are punishable by a year or less in jail, as well as certain “E” felonies are permissible for Desk Appearance Tickets. Some of the most common misdemeanor crimes in New York City – Manhattan, Brooklyn, Bronx and Queens – that are prosecuted through Desk Appearance Tickets include:

• New York City shoplifting crimes (New York Penal Law 165.40 or 155.25)
• Possession of a gravity knife, switchblade knife or other weapon (New York Penal Law 265.01)
• Possession of a controlled substance or drug (New York Penal Law 220.03)
• Theft of services for not paying a cab or jumping a turnstile (New York Penal Law 165.15)
• Assault for punching or striking another person (New York Penal Law 120.00)
• Marijuana possession (New York Penal Law 221.10)

In addition to these, and many more, misdemeanors, “E” felony arrests can also end with a police officer giving a Desk Appearance Ticket. Some of these crimes include:

• Grand larceny shoplifting where the value exceeds $1,000, but is $3,000 or less (New York Penal Law 155.30)
• Property damage crimes in excess of $250 (New York Penal Law 145.05)

Generally, New York City police officers will give a Desk Appearance Ticket only to those individuals who live in the New York City area. However, the police will often do a “solid” for an individual that they have arrested for an offense that is DAT eligible who does not reside in New York. That is, they will permit that person to use a friend’s, family or temporary address as the verifiable address. As a result, it is not atypical for a foreign national or out of state resident to be issued a DAT in lieu of being run through the criminal justice system. Unfortunately, as a practical matter, the date that you are required to appear may also be a date when you are no longer in New York City or the United States. Because your failure to appear will result in a bench warrant for your arrest, consult with a criminal lawyer experienced in Desk Appearance Tickets so he or she may be able to either resolve the case in your absence or appear on your behalf and avoid such a warrant.

A criminal record often precludes the police from giving a DAT, but it is far from atypical for individuals with “lesser” records being given Desk Appearance Tickets. Moreover, regardless of your prior criminal history and whether you have a local address, if you are charged for a domestic offense, the police will not issue you a DAT.

Substantive articles on D.A.T. crimes, processes and procedures can be found on the Desk Appearance Ticket section of the New York Criminal Lawyer Blog. There you will find material on particular crimes, potential offers and legal case decisions that may impact your case.

Additional information on New York Desk Appearance Tickets can also be found at NYDeskAppearanceTicket.Com.

Call our criminal lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.