In
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
, a desk appearance ticket (DAT) is an order to appear in the
New York City Criminal Court
The Criminal Court of the City of New York is a court of the Judiciary of New York (state), State Unified Court System in New York City that handles misdemeanors (generally, criminal law, crimes punishable by fine or imprisonment of up to one ye ...
for an
arraignment
Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the criminal charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; i ...
.
Details
A person who receives a DAT has been arrested. The DAT is simply one of two alternative means by which a person who is arrested appears for arraignment, or first appearance. A person who receives a DAT is permitted to appear in court on their own on the date indicated on the DAT document.
A person who does not receive a DAT is processed through the arrest to arraignment system and is supposed to have their arraignment within 24 hours. From the point that the case is arraigned, a DAT case is like any other criminal case. DATs may be issued for
violation,
misdemeanors
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
, and "E"
felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
. If a person fails to return to court on the date indicated on the DAT, the Court will issue an arrest warrant.
The authority for a DAT is found in
Criminal Procedure Law §150.10, which describes a DAT as "a written notice issued and subscribed by a police officer... directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense."
Beginning January 1, 2020, new rules imposed by the New York State Legislature have significantly changed Desk Appearance Ticket procedures. Chief among those changes is that the vast majority of misdemeanor and many felony charges now require the use of Desk Appearance Tickets. The decision to proceed by way of desk appearance ticket is no longer discretionary in the vast majority of circumstances. Exceptions to the mandatory desk appearance ticket requirement include sex offenses, offenses against family members, and offenses where license suspension or the issuance of orders of protection is possible.
A
universal summons (summons ticket) is another type of appearance ticket (authorized by CPL article 150) that directs a defendant to appear for arraignment at a future date, but it also serves as the accusatory instrument (unlike a complaint filed by a prosecutor, as with a DAT) and the defendant is not arrested.
See also
*
Judiciary of New York
The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York (state), Government of New York, comprising all the courts of the State of New York (excluding extrajudicial adm ...
*
Law of New York
References
{{DEFAULTSORT:Desk Appearance Ticket
New York (state) law
Law enforcement in New York City
New York City law