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WHEN THE JUDICIAL ATTACHES TO YOU

by | Aug 17, 2022 | Firm News

The judicial system attaches to you in a criminal prosecution when you are fotmally arraigned and enter a plea of not guilty to the charges. In the instance of a charged misdemeanor or felony the court mandated representation by an attorney.

Prior to that there are essentially two methods by which you can be apprehended by the police. First there is the arrest This can be accomplished by arrest at the scene or arrest by police who have been issued a warrant and are executing upon it. Obviously, both are extremely serious. If you are contacted by police or they visit your home or place of business and you happen to not be present, immediately contact this firm, the Law Offices of Francis X. Casale, Jr. PLLC at (631) 293-3332. It can mean many things but usually you are probably going to be arrested. You are much better off if an attorney determines what the charges are , what bail is required (if necessary). The attorney can also schedule a surrender by appointment.

If you are arrested at the scene you have the right to contact an attorney. Use it immediately!!!  Call the Law Offices of Francis X. Casale, Jr. PLLC at (631) 293-3332

The Desk Appearance Ticket (DATs) has increased in use and significance since the Covid-19 Pandemic. The Desk Appearance Ticket was generally utilized in the Nassau and Suffolk Counties of New York (pre-pandemic) for minor charges and violations and by the New York State Police for DWIs and DUIs. Through necessity, the DATs role was expanded dramatically through the pandemic of 2020 and 2021.

Thus although in person court proceedings were generally disfavored during the quarantine Covid-19 period the personal appearance method has returned.

The use of Desk Appearance Tickets (DAT) which scheduled an arraignment in the future for various misdemeanors presented a plethora of problems for the court system. The Criminal Court process has always been premised, in a large part, on personal appearances.

Obviously, during the pandemic due to health, safety and staffing considerations the “normal” system was incompatible, thus the increased use of DAT and “virtual appearances” via video conferencing became necessary. In sum, if you have  received a DAT for a DWI or DUI…You have been arrested! If you have ignored a DAT a warrant will be issued. If you haven’t taken steps to vacate a warrant, with an attorney, you will be eventually arrested.

Do Not ignore a Desk Appearance Ticket under any circumstances, especially in the case of a DWI or a DUI or any other misdemeanor.

Although the Court System previously slowed down it’s back up and running. Avoiding the system in general is never a good idea.

In a non-pandemic world, in most situations, you would be held until an arraignment, which could be over night depending on the time of the arrest or how busy the courts were.

If you ignore your court date which has been scheduled for the future there are serious implications. In the case of a DWI, DUI, illegal drug possession and the like, you will need legal counsel. Make sure your lawyer is experienced in criminal defense Call this firm, the Law Offices of Francis X. Casale, Jr. PLLC at (631) 293-3332 . An attorney with general skills may not be able to give you the Best Legal Defense.

Be Aware! DATs can be tied to serious charges that have long-term consequences, including:

Prison time
Fines
Probation
Immigration issues
Employment issues
A mark on your record
Loss of professional licensing and/or Loss of Livelihood

If you have been issued a Desk Appearance Ticket, you may wish to enlist the help of a New York defense attorney. A defense attorney can assist you in understanding your charges, making a plan for approaching those chargers, and following through with that plan. At the Law Offices of Francis X. Casale, Jr. PLLC , our legal team is dedicated to helping those who have received DATs to secure a fair and just outcome.

We offer private, complimentary case reviews to those who have been issued Desk Appearance Tickets. To schedule your meeting with New York lawyer Francis X. Casale, please call the Law Offices of Francis X. Casale, Jr. PLLC at (631) 293-3332)

What Is A Desk Appearance Ticket?
A Desk Appearance Ticket, also known as a DAT, is an official document issued by various New York Police Departments that commands the appearance of an arrested person to appear before a judge in criminal court for arraignment on a future date. Whereas most of those arrested will be taken to Central Booking and then later before a judge to be arraigned, a Desk Appearance Ticket allows the person to return home to be arraigned in the future.

You may receive a Desk Appearance Ticket for a number of offenses, including, but not limited to violations, crimes, misdemeanors, and even Class E Felonies. These offenses may include:

Driving with a suspended license
Petit larceny (misdemeanor theft like shoplifting)
Harassment
Theft of services (like turnstile jumping in the subway)
Marijuana possession
Assault
DWI/DUI

You should note that, in the past, there were some crimes that were usually never associated with DATs, including driving under the influence of drugs or alcohol (DUI/DWI) and domestic assault. For these crimes, you usually aretaken in and booked in a traditional manner. However, during Covid-19, Desk Appearance Tickets were issued due to COVID restrictions. The court system has slowly returned to normal but in some instances you may still be issued a DAT.

If I Am Given A Desk Appearance Ticket, Have I Been Arrested?
Yes. If you were issued a Desk Appearance Ticket, then you were arrested. Only the Police Department has the authority to issue a Desk Appearance Ticket after a person has been arrested. After a police officer makes an arrest, he or she has the discretion, in certain circumstances, to issue a Desk Appearance Ticket if it is believed that the person arrested will return to court and not flee the charges.

Are Desk Appearance Tickets Less-Serious Than Traditional Arrests?
No. If you were issued a Desk Appearance Ticket, the arresting police officer simply determined that you were not a flight risk. Everything else about your charge is the same. For example, the prosecutor may still request bail at your arraignment. Additionally, the prosecutor may request a jail sentence at any time after. Do not make the mistake of assuming that because you were given a DAT that your case is less-serious, or that there may not be serious consequences to your charges.

Can My Defense Attorney Negotiate A Desk Appearance Ticket With A Prosecutor Before My Court Date?

Unfortunately, in most circumstances, a criminal defense attorney cannot negotiate a disposition with a prosecutor before you are scheduled to appear in criminal court. The reason is simple: At the time when your case is drafted and ready for court, no prosecutor has been assigned to investigate the charges. In most counties, a separate Desk Appearance Ticket Unit drafts the criminal charges and the first time a prosecutor sees the case is the day of the court appearance. However, depending on the nature of your charges, a criminal defense attorney may be able to negotiate a deal on the day of your court appearance.

Take Your DAT Seriously. Hire an experienced Long Island Defense Attorney To Help.

Just because you were not taken to central booking after your arrest does not mean that your charges shouldn’t be treated with urgency. If you are facing a court appearance after receiving a Desk Appearance Ticket, you may wish to consult with an attorney about your case. The legal team at the Law Offices of Francis X. Casale, Jr. PLLC offers free, private consultations.

To learn more about our services, or to speak to Francis X. Casale today, please contact us at:
Law Offices of Francis X. Casale, Jr. PLLC
(631) 293-3332)
[email protected] (e-mail)