New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

, 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 yea ...

for an

arraignment Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisd ...

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 Violation or violations may refer to: * Violation (basketball), the most minor class of an illegal action in basketball * ''Violation'' (album), a 1977 album by American hard rock band Starz * ''Violation'' (film), a 2020 Canadian horror film * ...

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 admin ...

, 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 resu ...

. 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 Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...

§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 as part of sweeping criminal justice reform in New York State have significantly changed Desk Appearance Ticket procedures. Chief among those changes is that the vast majority of misdemeanor and now many felony charges require the use of Desk Appearance Tickets. The decision to proceed by way of desk appearance ticket is no longer discretionary with the police 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 Universal is the adjective for universe. Universal may also refer to: Companies * NBCUniversal, a media and entertainment company ** Universal Animation Studios, an American Animation studio, and a subsidiary of NBCUniversal ** Universal TV, a t ...

(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.

References

{{DEFAULTSORT:Desk Appearance Ticket New York (state) law Law enforcement in New York City New York City law

Details

See also

References