Failure to Appear for a NYC Desk Appearance Ticket (D.A.T.)
Before considering missing a court date, you should consult with a New York criminal lawyer or Desk Appearance Ticket attorney. There should be little doubt that if you fail to appear for a DAT in Manhattan, Brooklyn, Queens, Bronx, a New York City Criminal Court judge will issue a bench warrant for your immediate arrest. As a result, whether you are a foreign national who is returning to the United States on a later date, a resident of another state, or someone who just can’t miss work, the police will have the authority to arrest you and take you into custody whenever and wherever they find you. This is true if you are flying into the country at JFK Airport, your car is stopped for failure to signal or you get an unrelated summons for being in a park after hours.
Not only will the DAT potentially be magnified as a result of your failure to appear, but now, in addition to your arrest record, a warrant may also become part of your record. Obviously, if you have any licensing, certification or immigration issues that are collateral to the criminal case, the entire matter will certainly be compounded.
In addition to a warrant, there is a little known section of the New York Penal Law that can further complicate arrests in New York associated with Desk Appearance Tickets. New York Penal Law 215.58, Failure to Respond to an Appearance Ticket, makes it a violation to willfully fail to appear on the specified date. This failure to appear becomes a new violation of New York’s criminal code only if you fail to appear within thirty days of the required date.
While there certainly are reasonable explanations as to why you cannot appear on a given date, don’t merely assume that you will be able to rectify it after the fact. You may find yourself in police custody overnight wishing you handled your case differently. Instead, contact a criminal attorney who is familiar with the Desk Appearance Ticket process in New York City and see how he or she can have the matter adjourned to a different date or appear on your behalf to explain your absence. In some limited circumstances, your lawyer may be able to resolve the case without your appearance at all..
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 defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.