Anytime that you've been accused of a crime, it is imperative that you identify a Queens DAT defense attorney who is committed to doing everything in his or her power to protecting your rights. Many people make the mistake of thinking that they should simply plead guilty and accept the consequences of the crime or will believe that the judge involved will ultimately see that the accused individual is not guilty and choose to minimize or eliminate the charges. Doing this when the prosecution is preparing a comprehensive case built against you can be a huge mistake as you could be facing significant consequences. A DAT defense lawyer in Queens will help you determine what you need to do in order to avoid further consequences in any criminal case.
One of the most common situations in which people are likely to blow off the potential penalties has to do with a desk appearance ticket. Experiencing the full process of being arrested in New York can be overwhelming and frustrating for someone accused of a crime. Getting a desk appearance ticket, however, from a New York police officer may be preferable in comparison to going through the arrest process.
Instead of having to wait for up to 24 hours for your arraignment on criminal charges in a holding cell, a desk appearance ticket allows an individual to go home shortly after the arrest is concluded. In some cases, a DAT can even be issued when no formal arrest occurs. If you’re charged with unlawful possession of marijuana or similar charges, you may be issued a DAT.
It is critical for you to understand, however, that a DAT can be issued based on the arresting officer’s discretion and it is therefore not guaranteed that you will be given a DAT. If you know someone, however, who has been given a desk appearance ticket for a petty offense or a misdemeanor, it is important that you understand your rights and responsibilities. The DAT in New York serves a limited scope and purpose. Unlike a parking ticket or a traffic ticket, a desk appearance ticket is not an instrument for charging someone in and of itself. This means that it does not have to meet the pleading standards for arraignment.
Although mistakes on a traffic ticket like an incorrect spelling of your name or an incorrect address could prove grounds for dismissal, these same mistakes made on a DAT will not have the same legal impact. More serious charges like grand larceny are unlikely to have a DAT assessed.
Another thing to know about a DAT in New York is the type of obligations that it imposes on you as the accused individual to respond. If you received a DAT you must appear in court at the time and date specified unless the ticket says something else. Your fine cannot simply be sent in and the scheduled court appearance is not optional for someone who has received a DAT. The scheduled court appearance is the arraignment on the criminal complaint and it is mandatory that you be there.
Although there may be unavoidable or last minute conflicts, you need a New York desk appearance ticket attorney who can attend the hearing in your absence or notify the court in advance to request an adjournment. Simply being absent on the specified date at the correct time can lead to an arrest warrant being issued. If you or a loved one has recently received a DAT for a petty offense or a misdemeanor or you have missed your ticket at court date, you need a consultation with a Queens DAT lawyer immediately.
Getting your questions answered and being able to have someone representing you if you are at the last minute unable to attend the scheduled court hearing, can help to minimize the potential consequences of having a warrant out for your arrest. Anyone who has been accused of a crime will have questions about his or her rights and the most appropriate way to proceed with a legal case. Identifying a DAT defense attorney in Queens who has a strong background in this field is strongly recommended.