Arrested at JFK or LaGuardia? Understanding Criminal Charges and Desk Appearance Tickets in New York City Airports

Getting arrested at John F. Kennedy International Airport (JFK) or LaGuardia Airport (LGA) can be an intimidating and confusing experience — especially for travelers who are just passing through New York City. Many people are shocked to learn that minor oversights — like forgetting a firearm in carry-on luggage or having a small amount of a controlled substance in a bag — can lead to criminal charges and a Desk Appearance Ticket (D.A.T.) requiring a return to court weeks later.

If you’ve received a D.A.T. or been arrested at a New York City airport, here’s what you need to know about the most common charges, the potential penalties, and why Matthew Galluzzo is an excellent attorney to handle your defense.

Understanding Airport Arrests in New York City

JFK and LaGuardia are among the busiest airports in the world, and both are patrolled by specialized units of the Port Authority Police Department (PAPD). Officers enforce New York State law — not federal TSA regulations — which means that once you’re arrested or detained, your case will likely proceed in Queens County Criminal Court (Kew Gardens).

Many travelers — especially out-of-state visitors — are surprised to receive a Desk Appearance Ticket rather than being taken to jail. While a D.A.T. spares you from spending the night in custody, it is still a criminal charge that must be taken seriously. You’ll be required to appear in court on a specific date listed on the ticket, and failure to appear can lead to a bench warrant and additional charges.

Common Airport Criminal Charges in New York

1. Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265.01)

This is one of the most common airport charges. It is a Class A misdemeanor that typically arises when a traveler inadvertently brings a lawfully owned firearm or weapon from another state into New York.

New York has some of the nation’s strictest weapon laws. Even if your gun is licensed and registered in your home state, it is not automatically legal in New York. Many travelers are arrested after declaring a firearm properly at check-in, assuming they are following TSA rules — only to discover that New York law forbids unlicensed possession.

Penalties:

• Up to 1 year in jail
• Possible probation, fines, and forfeiture of the weapon
• Collateral consequences such as a criminal record or immigration complications

2. Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03)

This charge covers possession of even small amounts of illegal drugs or unauthorized prescription medication. Common scenarios include:

• Travelers caught with small amounts of cocaine, MDMA, or other narcotics;
• Individuals carrying Adderall, Xanax, or similar medications without a valid prescription;
• Residual narcotics or paraphernalia found in luggage or pockets.

This is also a Class A misdemeanor, punishable by up to one year in jail, though first-time offenders often qualify for non-criminal dispositions or diversion programs such as an Adjournment in Contemplation of Dismissal (ACD) or treatment-based resolutions.

3. Other Airport-Related Charges

Other common offenses include:

• Trespass or disorderly conduct (for entering restricted areas or causing disturbances)
• Petit larceny (for shoplifting incidents within the airport)
• Harassment or assault (from altercations or disputes at security or boarding gates)

While these may seem minor, they can still carry criminal penalties and long-term consequences.

What Is a Desk Appearance Ticket (D.A.T.)?

A Desk Appearance Ticket is a notice to appear in criminal court on a specific date rather than being held in custody after arrest. D.A.T.s are frequently issued for misdemeanors and certain non-violent offenses, including those described above.

Receiving a D.A.T. does not mean the case will disappear. The case proceeds like any other criminal prosecution, beginning with an arraignment, and can lead to a criminal record unless properly handled.

Failing to appear in court on the date listed on the D.A.T. will result in an arrest warrant — something that can cause major complications, especially for out-of-state defendants who may be unaware of their court obligations.

How These Cases Are Handled in Queens Criminal Court

Most airport-related D.A.T. cases are prosecuted in Queens County, which has specific courtrooms for handling these high-volume matters. The prosecutors and judges there are familiar with airport-related incidents, and while they recognize that many defendants are well-intentioned travelers, they also treat these cases seriously due to public safety concerns.

Having an experienced defense attorney — particularly one who understands airport arrests and Queens Criminal Court procedure — can make a significant difference.

Why You Should Hire an Experienced Defense Attorney Immediately

Early intervention can often lead to dramatically better outcomes. An experienced lawyer can:

• Contact the prosecutor’s office before your arraignment to negotiate potential dismissals or reductions;
• Present documentation showing that the incident was an honest mistake (e.g., proof of lawful gun ownership or a valid prescription);
• Argue for non-criminal outcomes such as an ACD or disorderly conduct disposition;
• Appear in court on your behalf, minimizing the need for you to travel back to New York;
• Protect you from making inadvertent statements that could hurt your case.

Why Matthew Galluzzo Is an Excellent Choice for Airport-Related Criminal Cases

Matthew Galluzzo is a highly respected New York criminal defense attorney with extensive experience defending clients charged with weapon possession, controlled substance offenses, and other airport-related crimes.

Here’s why he stands out:

• Former Manhattan Prosecutor: As a former Assistant District Attorney, Matthew understands how prosecutors build cases — and how to dismantle them strategically.
• Airport Case Experience: He has represented numerous travelers arrested at JFK and LaGuardia, including out-of-state and international clients, achieving dismissals, ACDs, and non-criminal resolutions.
• Comprehensive Client Support: He routinely helps clients resolve their cases without needing to return to New York, when legally permissible.
• Strategic, Persuasive Advocacy: His courtroom skills and reputation for thorough preparation often lead to favorable negotiations before trial.
• Professional and Empathetic Guidance: Matthew understands how stressful these situations are for ordinary travelers and provides steady, honest, and informed counsel from start to finish.

Bottom Line

If you’ve been arrested or received a Desk Appearance Ticket from JFK or LaGuardia Airport, don’t underestimate the seriousness of the charge. Even seemingly minor offenses can result in lasting consequences if handled poorly.

With an experienced and trusted advocate like Matthew Galluzzo, you can often resolve these cases quickly, discreetly, and successfully — protecting your record, your freedom, and your future.