Failing to Appear

NEW YORK DESK APPEARANCE TICKET (D.A.T.): WHAT ARE THE CONSEQUENCES FOR FAILING TO RETURN A NEW YORK APPEARANCE TICKET

Failure to appear in court after receiving a Desk Appearance Ticket will result in your arrest. This is true regardless of the reason of why the court appearance was missed. Whether because of work, illness or being outside the state on the return date, an arrest warrant will be issued in your name and local law enforcement will have full legal authority to forcibly procure your attendance to court by coming to your home or anywhere else you may be found within the state. CPL § 150.60. For those who regularly travel abroad for business, your open arrest warrant will likely be triggered at customs at any of New York’s international airports. Wherever the warrant is executed, the result will be an indefinite detention at a New York City detention center at least until an order to vacate the warrant has been issued by the criminal court judge at your appearance – and the legal complications don’t end there.

If you have been issued a D.A.T. for a criminal offense and then subsequently fail to appear in court on its return date, your criminal case and bail hearing are likely to be complicated by the filing of an additional offense by local prosecutors assigned to your case: Failing to Respond to an Appearance Ticket (New York Penal Law § 215.58). While only a charge of a violation instead of a felony or misdemeanor, a charge of Failing to Respond to an Appearance Ticket impacts top New York criminal defense lawyers’ ability to persuasively argue at arraignment for your release on your own recognizance, that is, without bail being posted. Typically, where a defendant has exhibited either a willingness to abscond or failure to attend criminal court proceedings, the posting of at least some bond, no matter how minor the original offense, is required. Spending extra days in any one of New York City’s jails while your family and attorneys arrange for a bondsman to post bail will have you wishing that you had handled your appearance ticket differently.

All of these scenarios involve mishandling a D.A.T and are therefore perfectly avoidable, especially with previously retained counsel. Even if the court date has already passed your situation may be remedied. Our New York Desk Appearance Ticket lawyers have handled many of these cases over the years and routinely work with the court and local prosecutors to adjourn the scheduled hearing. If a warrant has already been issued, the court’s warrant office may be contacted and your situation explained to gain some relief from the prospect of a looming arrest. If you have recently missed a D.A.T. court appearance, don’t make a bad situation worse by doing nothing. Contact one of our top New York appearance ticket lawyers today to begin working to resolve the situation with undue delay.

For more information on New York Desk Appearance Tickets, additional passages may be found here: