What Is a Desk Appearance Ticket (DAT)?

A Desk Appearance Ticket is a written notice issued by law enforcement directing an arrested individual to appear in criminal court on a specified date. DATs are commonly used for lower-level offenses, allowing individuals to be released from custody without immediate arraignment. Failure to appear in court as directed can result in a bench warrant for arrest.

Charges and Potential Penalties

Obstructing Governmental Administration (Second Degree)

Under New York Penal Law § 195.05, this offense occurs when someone intentionally obstructs or impairs a public servant from performing an official function through intimidation, physical force, interference, or an independently unlawful act. This is classified as a Class A misdemeanor, punishable by up to one year in jail, probation, and fines.

Resisting Arrest

Defined by New York Penal Law § 205.30, resisting arrest involves intentionally preventing or attempting to prevent a police officer from making an authorized arrest. This is also a Class A misdemeanor, carrying similar penalties of up to one year in jail, probation, and fines.

Trespass

Trespass charges can vary based on circumstances. In New York, criminal trespass ranges from a violation to a Class A misdemeanor, depending on factors such as the type of property and intent. Penalties can include fines, community service, or up to one year in jail for more serious offenses.

Criminal Mischief

Criminal mischief involves intentionally damaging another person’s property. Under New York Penal Law § 145.10, if the damage exceeds $1,500, it’s considered Criminal Mischief in the Second Degree, a Class D felony, punishable by up to seven years in prison. Otherwise, it is typically prosecuted as a misdemeanor.

Next Steps for Those Arrested

Individuals who received DATs must appear in court on the date specified in the ticket. Failure to do so can lead to additional charges and a bench warrant for arrest. It’s advisable for those charged to consult with an attorney to understand their rights and prepare for the legal process.

Legal and Community Implications

The arrests at Brooklyn College highlight the legal risks associated with protest activities, especially when demonstrations lead to confrontations with law enforcement or property damage. While the right to protest is protected, participants should be aware of the potential legal consequences of certain actions during demonstrations. These arrests can be especially problematic for foreign students on F-1 visas, as their immigration status can be placed in peril.

Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has successfully defended many students accused of illegal actions during political protests. He has helped students keep their criminal records clean and remain in school without suspension or discipline. If you or a loved one have been arrested in connection with the Brooklyn College protests, you should strongly consider engaging Mr. Galluzzo.

On May 7, 2025, approximately 75 pro-Palestinian protesters were arrested at Columbia University’s Butler Library after occupying the reading room in a demonstration organized by Columbia University Apartheid Divest (CUAD). The university cited safety concerns and the presence of non-affiliated individuals as reasons for requesting NYPD intervention. Two campus safety officers were allegedly injured during the incident.

Many of those arrested were issued Desk Appearance Tickets (DATs), a common practice in New York for certain offenses. A DAT is a written notice issued by a police officer directing an individual to appear in criminal court at a future date in connection with an alleged offense. It allows the individual to remain out of custody until their court date.

Relevant Statutes and Potential Charges

The protesters may face charges such as trespassing (Penal Law §140.05 or §140.10), disorderly conduct (Penal Law §240.20), or criminal mischief (Penal Law §145.00) if property damage occurred. There could also be charges of Obstructing Governmental Administration (Penal Law §195.05) or Resisting Arrest (Penal Law 205.30) for those individuals accused of fighting with law enforcement officers during their arrests. These offenses are typically classified as violations or misdemeanors.

Possible Penalties

Convictions for these offenses can result in prison sentences and permanent criminal records (which may impact future employment and education). These arrests are also particularly problematic for foreign students on F-1 visas, as they could negatively impact immigration status in the current environment.

Failure to Appear Consequences

If an individual fails to appear in court on the date specified in the DAT, the court may issue a bench warrant for their arrest. Additionally, under Penal Law §215.58, willfully failing to appear within 30 days can result in a separate violation charge. In some cases, Mr. Galluzzo has been able to appear in court for his clients in lieu of their personal appearances.

Legal Considerations

Given the potential legal ramifications, individuals issued a DAT are advised to consult with a criminal defense attorney to understand their rights and options. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. He has represented many students arrested and accused of crimes relating to political protests, with an excellent track record of success. If you or a loved one have been arrested for the protests at Columbia University on May 7, you should strongly consider engaging Matthew Galluzzo.

News links:

Protesters arrested as Columbia calls in New York police to clear Gaza solidarity sit-in – as it happened

Pro-Palestinian demonstrators clash with security guards at Columbia University

Dozens of pro-Palestinian protesters arrested after Columbia calls in police

Thankfully, these cases can be defended on many fronts. The protesters may have very strong arguments that their arrests were unconstitutional. The criminal statutes as applied to them may be unconstitutionally vague under the circumstances. Police bodycam footage may ultimately vindicate some protesters as well. These are just some of the possible defenses in protest-related cases.

Matthew Galluzzo has successfully represented many people who were arrested for exercising their lawful right to protest. A former Manhattan prosecutor, he has over 20 years of experience practicing criminal law in Manhattan. If you or a loved one have been arrested or given a Desk Appearance Ticket for protesting at Columbia, you should strongly consider contacting him about possible representation.