You Have a DAT (Desk Appearance Ticket)
A Desk Appearance Ticket is given instead of placing a criminal defendant through the entirety of the formal arrest process. If granted a DAT, an arrestee is only minimally processed, given a date to appear in court, and released. You must show up in court to be arraigned on the day and time shown on the ticket. You have not been formally charged with anything until your arraignment. Keep in mind that although this is a “ticket,” a DAT may be given for violations, misdemeanors, and some felonies.
Your Criminal Charges
Most of you have been charged with a subsection of the disorderly conduct statute.* This is a violation and not a crime. You should be aware that because you have not been formally charged these charges are subject to change by the District Attorney (or D.A., the city's prosecutor). While your DAT indicates one charge you still may be charged with additional crimes. Maximum penalties for violations are up to $250 in fines and 15 days in jail.
Arraignment: Your First Appearance
Arraignment is your first appearance before a judge. At this time you are formally presented with the charges against you (a formal paper filing). You must personally appear at your arraignment.* If you fail to appear the judge will issue a bench warrant for your arrest.
There are some rights you should be aware of before showing up in court. You have the right to have an attorney present. You may bring an attorney with you or you may ask the court to appoint one for you if you can’t afford one. You have the right to go to trial should you choose to. At trial you may present evidence and confront any of the witnesses who will testify against you, including your arresting officers. While the 5th Amendment means you are not required to testify at trial, as an individual arrested in a protest, a trial may provide you a forum for voicing your side of the story.
If you have received a Desk Appearance Ticket, let The Law Offices of Michael S. Discioarro put our experience on your side. Call 917-519-8417.
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