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Understanding Desk Appearance Tickets in New York City for Petit Larceny (shoplifting) under Penal Law Section 155.25.
If you’ve been issued a Desk Appearance Ticket (DAT) in New York for shoplifting under Penal Law § 155.25, you’re likely dealing with your first encounter with the criminal justice system — and it can feel overwhelming. Here’s a breakdown of what it means, what you should expect, and what you can do next.
What Is Penal Law § 155.25?
New York Penal Law § 155.25 refers to Petit Larceny, which means stealing property valued at $1,000 or less. This is the most common charge for shoplifting, whether it’s clothing, electronics, or even groceries. Despite being a “petty” theft, it is still classified as a Class A misdemeanor, which can carry serious consequences.
What Is a Desk Appearance Ticket (DAT)?
A Desk Appearance Ticket is a notice from the police that requires you to appear in criminal court on a specific date, instead of being held in jail before arraignment. It’s essentially a summons to court and does not mean the charges are dropped or minor.
If you were caught shoplifting and were issued a DAT, the police made the decision not to detain you but to release you with instructions to appear in court later.
What Happens at the Court Appearance?
When you appear in court on your DAT date, you will be arraigned — which means you are formally told what you’re being charged with. Here’s what typically happens:
- You stand before the judge with your attorney.
- The judge reads the charges (PL § 155.25).
- You plead guilty or not guilty.
- The judge determines the next steps — possibly another court date, an offer to resolve the case, or dismissal if there are legal issues with the case.
Possible Outcomes for Shoplifting (PL § 155.25)
Although this charge is serious, many first-time offenders can avoid a criminal record through alternatives such as:
1. Adjournment in Contemplation of Dismissal (ACD)
The case is adjourned for 6 months (or 1 year), and if you stay out of trouble, the case is dismissed and sealed.
2. Disorderly Conduct Plea
You plead to a violation, not a crime. This is not a criminal conviction.
3. Conditional Dismissal or Diversion Program
In some jurisdictions, you may be offered a theft education program, community service, or restitution in exchange for dismissal.
4. Plea or Trial
If you don’t accept a deal and go to trial, you could be acquitted or convicted. A conviction could lead to:
- Up to 1 year in jail
- Probation
- Fines or community service
However, jail time is rare for a first-time shoplifting offense.
Will This Go on My Record?
If your case is dismissed, you won’t have a criminal conviction, and your record can be sealed. But if you plead guilty to the misdemeanor, it will show up on background checks. That’s why legal advice is so important.
Should I Get a Lawyer?
Absolutely. Even though a DAT for shoplifting might seem minor, a Class A misdemeanor conviction can affect your:
- Job prospects
- Immigration status
- Professional licenses
- Housing applications
A criminal defense lawyer can help you:
- Get the charges dismissed or reduced
- Negotiate alternatives to conviction
- Understand your rights and options
Final Thoughts
Getting a Desk Appearance Ticket for shoplifting under PL § 155.25 is a serious legal matter, but it doesn’t have to ruin your life. With the right legal strategy — especially if it’s your first offense — you may be able to avoid a criminal record and move forward without long-term consequences.
If you’ve received a DAT, don’t ignore it. Show up on time, talk to a lawyer, and take steps to protect your future. Matthew Galluzzo is a former Manhattan Assistant District Attorney and has represented over 100 individuals accused of shoplifting across all five boroughs of New York City, with an excellent record of success. He has particular expertise in representing students, foreign citizens, visa holders, and finance professionals, for whom these charges can be particularly problematic. If you or a loved one have received a DAT for shoplifting, you should strongly consider contacting him to discuss his legal services.