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

Imagine this scenario: You’re running late for an important meeting in the city, and as you are standing at the subway turnstile you can see the subway train pulling up to the platform. In a nervous rush, you swipe your Metrocard only to get that dreaded message: SWIPE AGAIN THIS TURNSTILE. You swipe again and again to no avail. Realizing that your window is closing fast, you make the split-second decision to quickly hop over the bar. Sadly, though, an undercover police officer notices your amazing display of grace and athleticism and places you under arrest. Although it’s really only a crime worth $2.50, you’d be surprised at the consequences that you might face.

First and foremost, it is possible to spend a night in jail – or twenty-four hours – as a result of this arrest. Police officers have the authority to give first-time offenders a Desk Appearance Ticket for this sort of arrest, meaning that the arrestee gets taken back to the precinct, fingerprinted, held for a few hours, and then instructed to return to court for their arraignment at a later date (maybe about six weeks later). However, when the arrestee does not have valid ID on their person, or has been previously arrested, or has an open warrant (including even on a minor matter like a summons warrant), then that person is probably getting processed by the police as a “regular arrest,” meaning that they will be arrested and taken to Central Booking to await their arraignment straightaway. Obviously, a Desk Appearance Ticket is vastly preferable to a “regular arrest,” as the person is probably only in custody for about four hours, as opposed to maybe twenty-four hours per a normal “regular arrest”.

The charge for jumping a subway turnstile is Theft of Services, a violation of New York Penal Section 165.15, a Class A misdemeanor punishable by up to one year in jail. Take a deep breath: probably no one in recorded history has ever been sentenced to a year in jail for jumping over a subway turnstile. In fact, first time offenders are likely to receive plea bargain offers involving lesser charges like violations or ACDs (adjournments in contemplation of dismissal) with community service. However, just the arrest itself can be especially problematic for certain categories of people.

For example, our office once represented a New York City public school special-education teacher that worked as an independent contractor. She was issued a Desk Appearance Ticket for jumping a turnstile, and unfortunately, just the arrest itself prevented her from working for a period of time. The reason for this is that there is a New York City statute that forbids the Department of Education from employing anyone with an open criminal case. Given that even an ACD usually carries with it a pre-sealing period of six months, even the normal “best-case” disposition for this charge would have precluded her from working – or receiving any salary – for six months! Thankfully, our office was able to petition the prosecutor to dismiss the charge at her first court date in the interest of justice.

Finance professionals also face very potentially serious consequences. Most FINRA-licensed professionals working for banks or brokerages are required to disclose any arrests to their employer – no matter how small – pursuant to their employment contract. Moreover, an arrest for Theft of Services would probably need to be disclosed on the U4 form submitted to FINRA (and this arrest would require a FINRA-licensed professional to immediately update their U4 form). After all, the charge of Theft of Services is a theft-related crime, and FINRA demands that misdemeanor charges involving the “wrongful taking of property” be disclosed (in contrast, arrests for drunk driving or drug possession may not need to be disclosed depending on the circumstances).

In addition, out-of-town tourists visiting New York City might receive a Desk Appearance Ticket with a return date for day in which they are not going to be in New York. These people face the unenviable prospect of having to fly back to New York City just to appear in front of a judge for a few minutes to resolve the case, and might even have to stay around longer in New York to complete community service. If you reside out of town and have received a Desk Appearance Ticket, you should strongly consider contacting The Law Office of Matthew Galluzzo – they may be able to make arrangements to appear on your behalf such that your personal appearance is unnecessary.

Finally, non-citizens can face potential immigration-related issues as a result of this otherwise-minor charge. Though immigration questions relating to criminal arrests and convictions are very complicated, the Immigration and Naturalization Act does plainly make a non-citizen deportable for a conviction of a crime involving moral turpitude. Moreover, theft of services (Penal Law 165.15) is probably a crime involving moral turpitude, meaning that a non-citizen could conceivably be deported or denied entry back into the United States for a conviction of this charge.

Of course, people can get arrested for Theft of Services at the subway in a variety of other fashions. For example, sometimes people absent-mindedly pass through the emergency gate that someone else has already to save themselves the trouble of swiping their Metrocard. Other times adults might use their child’s student Metrocard, and we have seen cases of students being arrested for “doubling up” with their friends on a swipe. All of these acts can result in arrests and prosecutions for a violation of Penal Law 165.15.

If you or a loved one have been arrested or given a Desk Appearance Ticket for jumping a turnstile or otherwise violating Penal Law 165.15, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of three former New York City prosecutors has successfully obtained dismissals of these charges for a variety of students, professionals, and tourists, and they are willing and able to help you as well. We have had particular success in convincing prosecutors to seal or dismiss these charges earlier than typically done. Thus, if you are a professional, non-citizen, or aspiring college or graduate student that is facing serious consequences as a result of an open ACD for Theft of Services, you should also definitely consider hiring The Law Office of Matthew Galluzzo – even if your court date has already happened and you have already accepted an ACD to resolve your case.

Common Desk Appearance Tickets from JFK Airport include 1) shoplifting offenses (Petit Larceny – PL 155.25, a Class A misdemeanor) at the JFK retail shops or duty-free stores, 2) misdemeanor possession of controlled substances (PL 220.03), 3) misdemeanor possession of a weapon, such as a knife or collapsable baton or brass knuckles (PL 265.01), 4) theft of services, such as failing to pay a bar or restaurant tab (PL 165.15), and 5) assault (PL 120.00, a Class A misdemeanor). However, there are many other possible offenses at JFK Airport that could result in Desk Appearance Tickets.

A Desk Appearance Ticket is the same thing as a criminal arrest and a conviction for a misdemeanor can give you a permanent and public criminal record. It can also potentially result in jail time, probation, fines, loss of employment, loss of immigration status, and loss of licensure, depending on the circumstances. These DATs must be taken seriously, as should any criminal arrest. Matthew Galluzzo has successfully helped over 100 clients earn dismissals in cases involving Desk Appearance Tickets, and has specifically helped over a dozen clients with charges stemming from JFK Airport.

Generally, a person who receives a Desk Appearance Ticket from JFK Airport must appear in Queens Criminal Court (located at 125-01 Queens Boulevard) as instructed by the ticket. Sometimes these court dates occur on weekends. Of course, many of the people arrested in JFK are travelers from out of town or even out of the country. In certain types of cases, Matthew Galluzzo has successfully appeared of behalf of many out-of-town and foreign clients and resolved these cases favorably without the clients having to appear personally. If you are a foreign or out-of-town client with a JFK Desk Appearance Ticket, you should strongly consider hiring Matthew Galluzzo to appear on your behalf, so that you do not have to make a special trip back to New York City just to appear in court to resolve a misdemeanor offense.

Every year, tourists flock to Woodbury Commons from around the world to shop the discount prices offered at these designer outlet stores. Unfortunately, some are also accused of attempting to steal merchandise from these stores. Those individuals are typically referred to local Woodbury police for arrest processing after being apprehended by store security. People arrested and accused of shoplifting at Woodbury Commons are typically handcuffed by the police, taken to the police station, fingerprinted, and issued a Desk Appearance Ticket directing them to appear in Woodbury Town Court a few weeks later to answer to charges of Petit Larceny (a class A misdemeanor in violation of PL 155.25) or Grand Larceny in the Fourth Degree (a class E felony in violation of PL 155.30). The more serious charge – Grand Larceny – can apply where the merchandise allegedly stolen exceeds $1000 in value.

Many of the people arrested and issued Desk Appearance Tickets are tourists visiting from out of state or even out of the country. As such, returning to Woodbury for a court appearance a few weeks or months later is impractical or impossible. Thankfully, in some cases, an attorney can be retained to appear in the place of the arrested person, such that the arrested person does not have to personally return to court. Matthew Galluzzo has represented many foreign and out of state residents in this manner. Using a notarized affidavit drafted by Mr. Galluzzo, in some cases Mr. Galluzzo can go to court on behalf of a person accused of these crimes and negotiate a disposition of the case that does not result in a permanent or public criminal record. This permits the person with the Desk Appearance Ticket to continue with their trip on schedule without having to delay their flight home or booking a return trip for the sole purpose of appearing in court. Of course, that potentially saves the arrested person a significant amount of time, stress and expense.

If you or a loved one have been arrested and given a Desk Appearance Ticket for alleged shoplifting at Woodbury Commons outlet mall, you should strongly consider contacting Matthew Galluzzo. An experienced criminal defense attorney and former New York prosecutor, Matthew Galluzzo has successfully defended dozens of out-of-state and foreign citizens in shoplifting cases.

Oftentimes, in these cases in which no one was injured, a protester-defendant could – with the help of an experienced attorney – successfully negotiate a plea bargain whereby the protester will have no criminal record and spend no time in jail (such as an “adjournment in contemplation of dismissal or a violation like Disorderly Conduct). In cases involving Desk Appearance Tickets, such negotiations may even be possible prior to the return date (i.e. the first court appearance). However, for reasons relating to principle, many protester-defendants refuse to accept any such deal, preferring to demand dismissal or a trial where their voices can be heard by a jury. Such an attitude is certainly understandable but it does tend to increase the risk of a negative result (such as a permanent criminal record).

Unfortunately, some protests escalate into confrontations with police officers. In those cases, charges like Assault in the Second Degree can sometimes be levied against arrested protesters alleged to have injured police officers. That charge is a serious felony that can carry real jail time, and should not be treated lightly at all. The best defense in these cases is often to argue that the defendant did not act unreasonably, and that any injuries to the police officer were sustained on account of his/her own aggressive or improper actions. In today’s current climate, that argument can have real traction with some jurors.

Thankfully, nowadays many protesters have video footage of their arrests, or their behavior just prior to being arrested. Oftentimes, this footage can be helpful to their defenses. In those cases, it may make sense for their attorneys to share the footage with prosecutors in the hopes of securing outright dismissals. Of course, an outright dismissal of an arrest charge can open the door to a lawsuit for wrongful arrest against the City.

Sometimes people attempt to intervene during an arrest of a protester by trying to prevent the police officer from apprehending someone else. In these cases, the intervenors typically are charged with Obstructing Government Administration or Resisting Arrest, misdemeanors. A person being unlawfully arrested can argue that they are not guilty of Resisting Arrest because the arrest was unlawful or unauthorized under the circumstances, and an intervenor may also be able to successfully argue the same thing.

Generally speaking, defendants (and defense attorneys) prefer some anonymity with respect to their cases, and prefer to try their cases discretely in the courtroom. However, for those defendants seeking trials by jury, attorneys should consider trying to garner public sympathy and/or publicity for the client’s case before the trial. After all, these cases frequently depend less on the facts presented at trial so much as they do upon the attitudes of the fact-finders (i.e. judges or juries) deciding the case.

If you or a loved one have been arrested or given a Desk Appearance Ticket in New York City for protesting, you should strongly consider contacting Matthew Galluzzo. He is an experienced criminal defense attorney and former Manhattan state prosecutor. He is also a civil rights attorney who has successfully sued members of the NYPD for false arrest and police brutality.

These cases usually arise out of undercover sting operations by the NYPD. In those cases, an undercover officer pretending to be prostitute wears a recording device and comes to an agreement with another person to perform a sexual act in exchange for money. The offer to pay or an agreement alone can be sufficient proof of the crime. Indeed, Penal Law 230.02 defines a person as being guilty of patronizing a prostitute when: “(a) Pursuant to prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.”

The most common charge for such a Desk Appearance Ticket in Manhattan is Patronizing a Person for Prostitution in the Third Degree, in violation of Penal Law Section 230.04. This charge is a class A misdemeanor, meaning that it can result in a permanent criminal record and has a maximum possible jail penalty of one year.

In Manhattan, a person charged via Desk Appearance Ticket with a violation of Penal Law Section 230.04 is likely to be offered a plea bargain. The attorneys at the Law Office of Matthew Galluzzo have been successful in many cases in persuading prosecutors to dismiss the misdemeanor charge in exchange for a plea to a violation like Disorderly Conduct (Penal Law 240.20). This charge is not permanently public and does not constitute a conviction for a crime under New York State law. Offenders have generally had to perform some community service and/or attend a Health Education class regarding prostitution. This result spares the accused the drawn-out process of a trial and eliminates the uncertainty that comes with a trial; as such, most of our clients have availed themselves of such arrangements.

Many people arrested for patronizing a prostitute believe that they were unfairly entrapped. Entrapment is a valid defense under New York State law and can apply in certain situations involving these charges. However, it is typically very difficult to prevail with an entrapment defense, as an accused is essentially forced to demonstrate that the undercover police officer overcame his will and coerced him into agreeing to pay money for sex. Notably, the conversations between the accused and the undercover police officer are usually recorded.

Sometimes the NYPD conducts long-term investigations of escort services, brothels, or other prostitution conspiracies, and arrests johns after arresting the prostitutes and organizers (pimps). This type of charge is uncommon, however. Proof in those sorts of cases typically consists of phone records, wiretap information and/or proof of payment.

If you or a loved one have been arrested and given a Desk Appearance Ticket for a prostitution-related offense in Manhattan, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team consists of two former Manhattan prosecutors (including one former sex crimes prosecutor) who have handled numerous such cases over the course of their almost 40 years of combined experience.

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or

(2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;

Criminal possession of a weapon in the fourth degree is a class A misdemeanor. (Note: there are other subsections of this charge that are far less common than these two subsections). The maximum penalty is one year in jail, and a conviction for these charge can have negative immigration consequences for non-citizens residing in the United States.

Thankfully, these cases can often be successfully defended by a savvy lawyer. Sometimes, an experienced criminal defense attorney can litigate the legality or constitutionality of the police search that yielded the weapon in the first place, potentially resulting in a dismissal of all charges. We have also once successfully obtained an acquittal for a client by persuading a jury with a technical argument that the knife seized from his client was not in fact a gravity knife (as alleged by the prosecutor). Most often, though, clients seek to negotiate reasonable dispositions for these cases that do not result in permanent criminal records or immigration consequences. The attorneys at The Law Office of Matthew Galluzzo have successfully negotiated favorable results or dismissals dozens of times by demonstrating to prosecutors the good characters or backgrounds of their clients. If you or a loved one have been charged with possessing a weapon, you should contact them immediately.

Mr. Baldwin was arrested in November after allegedly punching someone over a parking spot in Manhattan. Mr. Baldwin generally denied punching the other person though he admitted to pushing him. Baldwin was actually given a Desk Appearance Ticket and eventually charged with Attempted Assault in the Third Degree (Penal Law 110/120.00), a Class B misdemeanor, and Harassment in the Second Degree (Penal Law 240.26), a violation. Prosecutors reviewed video surveillance footage, spoke to witnesses, and considered the complainant’s medical records before ultimately making a plea bargain offer to Mr. Baldwin. Under the terms of that deal, which Mr. Baldwin accepted in January 2019, Mr. Baldwin pleaded guilty to Harassment in the Second Degree and will undergo a short anger management program.

By pleading guilty, Mr. Baldwin was convicted of Harassment in the Second Degree. However, this conviction is not a “crime” under New York state law, it is a violation and/or criminal offense. As such, in response to the question, “Have you ever been convicted of a crime,” Mr. Baldwin could answer “no”. Also, upon completing this short anger management course (typically completed within one day), Mr. Baldwin’s records will be sealed to the public after one year. The most important benefit to this deal, of course, is that Mr. Baldwin avoids the possibility of being convicted of the misdemeanor charge and receiving a possible (though unlikely in this case) sentence of jail.

The downside to this disposition for Mr. Baldwin is that he had to admit, under oath, that he had harassed the complainant. This makes it likely that the complainant will bring a civil suit against Mr. Baldwin, and Mr. Baldwin will have a difficult time defending himself against the underlying facts. To be sure, damages will still very much be at issue in a civil lawsuit, but Mr. Baldwin’s harassment of the complainant has already been settled by way of his guilty plea under oath. The attorneys at The Law Office of Matthew Galluzzo have also successfully defended several individuals accused of assault or sexual assault in civil court following the disposition of the related criminal cases.

All in all, however, it is a fairly standard disposition in a case in which the injuries appear to have been minimal. (Indeed, Mr. Baldwin was only charged with Attempted Assault instead of Assault because the complainant’s injuries did not rise to the necessary level of an assault charge.) We have also been able to secure outright dismissals for many of our clients, or negotiate “ACDs” (adjournments in contemplation of dismissal), which are superior to violation plea bargains in that the charges are totally dismissed after a six or twelve month period of time, and there is no admission of guilt whatsoever. When misdemeanor assault charges involve very serious injuries, then prosecutors sometimes insist upon the defendants being convicted of misdemeanor charges, which can result in jail time. Those cases in particular require especially skillful representation.

If you or a loved one have been arrested or given a Desk Appearance Ticket for an assault related charge, you should strongly consider contacting the experienced former prosecutors at the Law Office of Matthew Galluzzo.

First, let’s explain to you what your Desk Appearance Ticket (“DAT”) is.

The Criminal Procedure Law defines the DAT as “a written notice issued and subscribed by a police officer or other public servant authorized by state law…directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense.” In other words, if you’ve received a DAT, you’re being directed to appear in Criminal Court where you should expect to be formally prosecuted as a defendant. People are often mislead by DATs because they think they were stopped by the police and then “let go.” The reality is that very serious misdemeanors such as Assault and Criminal Possession of a Weapon are often charged following the issuance of a DAT. While it might be tempting to think that the charge “can’t be that serious” since you were “only given a ticket,” nothing could be farther from the truth. To be sure, your failure to appear on a scheduled Court date will result in the issuance of a warrant for your arrest. So it is absolutely imperative that you appear on your Court date.

“What should I expect when I go to Court?” The DAT is a legal mechanism to bring you to Court to face criminal charges, so you have to prepare yourself to assume the role of a defendant in a criminal action once you get there. If you’ve received a DAT, it’s because a member of law enforcement has accused you of breaking the law – which means a local prosecuting agency is going to prosecute you when you get to Court. You should expect to appear before a Judge and be formally charged by formal accusatory instrument which is provided to the defense on that day (which is why it’s necessary to be represented by counsel).

“What am I being charged with?” If you’ve already been issued a DAT, take a look in the upper left hand corner, under your name and address. You should see a line that says “Top Offense Charged” and then the letters “PL” followed by some numbers. The numbers correspond to the section of the Penal Law that you have been accused of violating. Some common Penal Law numbers on DATs are “120.00” (Assault), “155.25” (Petit Larceny), “220.03” (Criminal Possession of a Controlled Substance in the Seventh Degree), and “265.04” (Criminal Possession of a Weapon in the Fourth Degree), just to name a few (the Penal Law sections mentioned here are all Class “A” misdemeanors, punishable by up to 1 year in jail). It’s important to keep in mind that the DAT only has space for your top count, so it’s not uncommon for defendants to appear in Court only to find that they’re being charged with additional violations of the Penal Law.

“So do I need a lawyer?” Yes. We can see how you may have beeen lulled to sleep by the fact that you were arrested and released “with just a piece of paper.” Or perhaps you thought the situation was less serious since they weren’t “put through the system” and held in jail for 24 hours before coming out before a Judge. Hopefully you now understand that the DAT process simply allows you to make your appearance at a later date, while the same stakes and penalties that come with being criminally charged apply.

If you or a loved one have received a Desk Appearance Ticket, do not hesitate to reach out to The Law Office of Matthew Galluzzo; our team of former prosecutors and experienced criminal defense attorneys can help extricate you from the case as soon as possible.

Law enforcement has long sought, with mixed results, to combat prostitution offenses in New York City. Back when prostitutes used to walk the streets of notorious neighborhoods in Manhattan, police would arrest prostitutes for just “loitering for the purpose of prostitution” (basically, walking on the sidewalk dressed like a prostitute talking to potential customers about tricks). Police would also go undercover and pose as johns to get prostitutes to make illegal offers of sexual conduct for fees. Police officers continue to pose as prostitutes to entice johns to make illegal offers, though nowadays they are more likely to find a target inside of a nice establishment in the city instead of on the sidewalk. Indeed, undercover police officers dressed as attractive prostitutes often target middle aged men alone at hotel bars and proposition them to see if they will “take the bait,” so to speak. These sting victims oftentimes have legitimate entrapment defenses, but not after already having been humiliated and having had their livelihoods placed in danger as a result of the arrests.

With the advent of the internet, much of the prostitution business moved online to websites like Craigslist and Backpage. Prostitutes and escorts would post ads on these sites and johns would simply call them to make appointments. The postings were so numerous that despite some law enforcement efforts to make undercover arrests of these prostitutes – and perhaps more effectively, arrests of johns via false prostitution ads – the sheer volume of ads on these sites made it impossible to realistically stop the trade via undercover operations. Ultimately, the “escort” sections of these sites were shut down by law enforcement threats to hold the managers of these sites criminally and civilly liable.

Now, however, much of the prostitution trade has entered a grayer area: the world of Sugar Daddies and “arrangements”. Many women who do not consider themselves to be prostitutes sign up to participate on websites like sugardaddy.com and seekingarrangement.com. Though these websites post vehement disclaimers that they do not support prostitution, the “arrangements” that they facilitate look a lot like it. Basically, wealthy older men (the “sugar daddies”) look for younger women (the “sugar babies”) seeking “relationships” that involve money in exchange for their “companionship.” The prospective couple matches online and then meets in real-life, and eventually these relationships typically evolve to the point that the man gives money to the girl in exchange for companionship that includes sexual contact. Many “sugar babies” are open about their lifestyle and do not consider themselves to be engaging in illegal conduct, although most would acknowledge that they would no longer receive payments from their “sugar daddies” if they withheld sex from them.

In a way, these sugar babies and sugar daddies essentially exist within a gray area of the law. These relationships are not always explicitly sex-in-exchange-for-money relationships, though these elements are typically understood by the parties to be fundamental to the relationship. It could even be said that these relationships are not so different from the typical relationship between a wealthy man and his wife. But regardless of the legality of these relationships (and they are generally questionable under existing law), law enforcement would have difficulty curbing these relationships. After all, the typical relationship between a baby and a daddy can take several dates before sexual contact (or the discussion sexual contact or money) begins. As such, it would be difficult for law enforcement officers to invest that much time in pursuing a potential arrest in a sugar baby or sugar daddy. Moreover, the illegal “offer or agreement” to engage in sexual contact for money is not always so explicit, as the parties talk in terms of “relationships” instead of specific sex acts. This further frustrates law enforcement efforts to pursue these sorts of cases, as they would need an explicit statement to make an arrest. Of course, it is still theoretically possible that an undercover police officer could pose as a sugar daddy or sugar baby to catch someone interested in an illegal relationship. That could certainly have a huge chilling effect on the entire underground “sugar daddy” market. However, for now, our attorneys are unaware of any such arrests being made by law enforcement in New York.

If you or a loved one have need of the services or advice of an experienced criminal defense attorney, you should strongly consider contacting the attorneys at the Law Office of Matthew Galluzzo. Matthew Galluzzo, in particular, is a former Manhattan sex crimes prosecutor who has been widely sought after by news and television reporters for his expert opinion on sex crimes and investigations.

In Manhattan, specifically, most arrestees are brought downtown to the 100 Centre Street Courthouse to face charges. However a smaller number of defendants are directed to appear in Manhattan’s Midtown Community Court which is located at 314 West 54th Street in Manhattan. In this blog, we cover some of the Midtown Community Court basics to shed light on what should be expected for those who find themselves in the unfortunate predicament of having to fight a charge or charges there.

Midtown Community Court was launched in 1993 with the primary objective of dealing with quality-of-life offenses, so most of the cases involve misdemeanors and/or violations. Examples of some of the common charges you are likely to face in Midtown Community Court include:

Prostitution;

Illegal Vending (Unlicensed General Vendor and/or Counterfeit Trademarking);

Making Graffiti;

Shoplifting;

Drug Possession;

Farebeating; and

Property Damage and Vandalism.

While very few arrestees are “booked” and brought through the system before they appear in Midtown Community Court (although some are), most are issued DAT’s or summons.

As we have pointed out in previous blogs, it is absolutely imperative not to disregard a DAT or summons if you receive one, since failure to appear in Court results in an arrest warrant being created. Some people are lulled to sleep by the fact that they were “only” issued a ticket and either forget or disregard it’s mandate to appear several weeks or months later.

Next, anyone who is arrested and directed to appear in Midtown Community Court should consult with a criminal defense attorney prior to appearing to face criminal charges. We cannot emphasize enough how important this is, lest defendants appear and plead guilty to something that may leave them with a permanent criminal record, and/or cause them to jeopardize their careers and/or citizenship status.

When you do attend your Court date, you are going to want to bring an attorney with you for the purpose of securing a non-criminal disposition on your behalf; in other words, a case result that preserves your record and keeps it clean of any criminal conviction. Our team of former prosecutors are familiar with the judges, court staff and infrastructure of the Midtown Community Courthouse, and have an excellent track record of securing such results there. Additionally, defendant’s appearing in Midtown Community Court should prepare themselves for dispositions which involve the completion of community service, enrollment in on-site social services such as drug treatment, job training and/or mental health counseling. The important thing to note is that every case is different, and often dispositions need to be reached which are custom-made for each individual client, which is why it is all the more important to consult with an attorney before making the appearance.

If you have received a summons or desk appearance ticket for Midtown Community Court or in any other court in the greater New York City area, you should contact attorneys who have experience in Midtown Community Court as well as the more traditional criminal courts. Taking steps now to preserve your record can mean the difference between losing your job, your liberty, or your citizenship status, so it’s best to be diligent and consult with attorneys who can help you.

While this new policy would appear to be a noble effort on the part of the Manhattan District Attorney to benefit all, this new first-arrest policy will have an unintended but disastrous effect on arrestees who (a) work for FDIC-insured banks or intend to do so in the future, and (b) are charged with petit larceny (or any theft-related offense). Whereas our lawyers normally strive to secure adjournments in contemplation of dismissal (“ACD”) for first-arrestee clients charged with low-level theft-related offenses, these delayed dismissals can have a disastrous effect on current or prospective employees of FDIC-insured institutions.

As we have explained carefully in a previous blog, Section 19 of the Federal Deposit Insurance Act prohibits, without the prior written consent of the Federal Deposit Insurance Corporation, a person convicted of a criminal offense involving dishonesty, breach of trust, money laundering,
or who has entered into a pretrial diversion program, from participating in the affairs of an FDIC-insured institution (emphasis added). Our team is cognizant of the career-ending danger posed by Section 19’s sentence regarding “pre-trial diversion programs.” As discussed in a previous blog, the FDIC has interpreted ACD’s to be pre-trial diversionary programs, meaning the otherwise ideal result can cost an FDIC-insured institution employee his/her job.

Common sense would dictate that the Manhattan DA’s newest policy – the plain language of which falls squarely within the ambit of Section 19 – will be equally devastating to such first-arrestees careers. Our concern is that folks who work in finance and are unaware of the potential dangers in taking an ACD will naturally be tempted to avoid an appearance in Criminal Court, complete the diversionary program and be on their way, all the while triggering Section 19 and scuttling their careers. While each case is different, it is very likely such arrestees will need to opt out of Vance’s diversionary program, and proceed to court where an attorney will need to craft a disposition which preserves both the client’s record and career. This process would entail pre-arraignment preparation and consultation in an effort to secure a result that the client can live with.

If you or someone you know with a career in finance has been charged with a theft-related offense, contact our team of former prosecutors immediately. The seemingly beneficial outcome of the Manhattan DA’s new pre-arraignment diversionary policy may serve to be a complete bar to employment at an FDIC-insured instittuion. Call us and we will discuss your options and formulate a strategy which will preserve your record and your career.

Desk Appearance Tickets pueden ser emitidos en casos que involucren asuntos de violaciones menores o delitos menores, y se dan a menudo a las personas que son arrestadas por poseer pequeñas cantidades de marihuana en la ciudad de Nueva York. Estos Desk Appearance Tickets pueden no ser emitidos en conexión con un arresto de clase A, B, C o D, pero con pocas excepciones, pueden ser emitidos por cualquier delito menor o violación. Por lo general (si no siempre) es el caso en la ciudad de Nueva York, que la policía no emitirá un Desk Appearance Ticket a una persona con antecedentes penales anteriores.

El Desk appearance ticket requerirá que el acusado aparezca en una cierta fecha para responder por el cargo establecido en el ticket. Una vez que el acusado llegue al tribunal, un procesamiento criminal de él o ella comenzará de la misma manera que si él o ella hubiera sido detenido ese día o el día antes de la fecha de ingreso. Esto puede implicar que el demandado sea acusado de una infracción o delito menor. No hay garantía, sin embargo, de que el cargo que aparece en el Desk Appearance Ticket sea idéntico al que se encuentra en la denuncia. De hecho, el fiscal puede revisar los hechos del caso con los agentes de policía y otros testigos y decidir proceder con cargos diferentes, adicionales o incluso más graves. Si usted ha sido detenido y le han dado un Desk Appearance Ticket, usted debe consultar con abogados penales que habitualmente manejan los asuntos de Desk appearance tickets antes de llegar a la corte en la fecha especificada en el ticket.

**Nosotros Hablamos Espanol**

Our lawyers have a great track record of representing F1 visa holders who are arrested in New York for charges including Petit Larceny, Assault, DWI, Theft of Service, Criminal Possession of a Controlled Substance, Marijuana possession, Weapons possession and more. One of the advantages F1 visa holders do have is that they often have minimal criminal justice contacts, if any, as well as solid resumes since they have been granted access to attend one of New York’s many fine academic institutions (many of our clients have attended Columbia or New York University, to name a couple). As former prosecutors, we are able to marshall our clients’ strengths and put together an effective and targeted strategy in each case in order to secure the best possible outcome. Our goal is always to leave our clients’ records intact, as well as ensure that they are able to preserve their visas and continue their studies here with minimal distraction. Our lawyers have also secured countless dismissals in such cases, which provides the best outlook for any non-citizen facing criminal prosecution.

If you or a loved one are studying here in the US on an F1 visa and have been arrested and charged with a crime or violation offense, do not hesitate to contact our team of experienced criminal defense lawyers at The Law Office of Matthew Galluzzo as soon as possible so as to avoid any negative consequences.

As in the case of any non-citizen, the stakes are higher for O-1, O-2 and O-3 visa holders who are arrested because they face the risk of visa revocation on top of any sentence which is authorized for the crime they’ve been arrested for. For this reason, our lawyers are extraordinarily diligent in their representation of visa holders (as well as non-citizens in general), where a great deal of effort must be placed on crafting dispositions with an eye towards preserving our clients’ immigration status. In addition to being accomplished trial litigators, our attorneys are also top-notch negotiators who have secured many dismissals and non-criminal dispositions for our clients. Specifically, the attorneys at The Law Office of Matthew Galluzzo have represented countless visa-holders with an impeccable record of success. For all of these reasons, it is imperative for any non-citizen who has been arrested (even given a Desk Appearance Ticket) to contact us as early in the process as possible. Even those charged with seemingly “minor” misdemeanors need to be diligent, for example, those charged with: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), Assault in the Third Degree (PL 120.00), and Criminal Possession of a Weapon in the Fourth Degree (PL 265.01).

Keep in mind, U.S. visa posts routinely perform criminal background checks on visa applicants, which can lead to devastating consequences for those who don’t navigate the system properly, including, but not limited to, initiation of removal proceedings. For a myriad of reasons, it is critical for any O-1, O-2 or O-3 visa holder to contact an experienced attorney who understands the delicate nuances and immigration consequences posed in each of these cases. To be sure, the lawyers at The Law Office of Matthew Galluzzo have successfully represented O-1 visa holder with great success. If you or a loved are faced with a criminal prosecution, contact our attorneys without delay.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get “sent downtown” and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not “just a ticket”. More importantly for visa holders, this event is not going to “fly under the radar” with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.

Generally speaking, visas will not be renewed if a visa holder has a pending (meaning unresolved) criminal case. Our office has worked with many people whose visas to work or attend school in the U.S. were denied on account of having a pending criminal case, either forcing them to return to their native country or preventing them from returning to the United States. Of course, certain types of convictions can also prevent the renewal of a visa, and can even result in removal or deportation for green card holders. The rules pertaining to the effects of various convictions are too complicated to full explain here – you should consult with an experienced attorney on the subject.

If you received a Desk Appearance Ticket, it should tell you what you can expect to be charged with when you go to court. Specifically, it will list a “Penal Law” charge with the phrase “PL” followed by a number next to the term “Top Offense Charge” or “Top Count”. The most common types of Desk Appearance Tickets include charges of Petit Larceny (or shoplifting, PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Theft of Services (PL 165.15), Criminal Possession of a Weapon (PL 265.01), Assault in the Third Degree (PL 120.00), Trespass (PL 140.10), Public Lewdness (PL 245.00), Forgery (PL 170.20), Unlawful Possession of Marijuana (PL 221.10), and Sexual Abuse in the Third Degree (PL 130.53). These charges are all misdemeanors punishable by up to 90 days or 1 year in jail.

Most individuals (without prior arrests) charged with these crimes do not incur criminal convictions. However, many of the “best” dispositions for these cases – called Adjournments in Contemplation of Dismissals (or “ACDs”) – involve long “probationary” periods of six months or a year, during which time the defendants agree to remain arrest free and complete community service or counseling in exchange for a dismissal of the charges. Dismissals are generally great for defendants, so it is hard to refuse such an offer from the prosecutor and court, normally. Unfortunately for visa holders, these “probationary periods” sometimes overlap with the deadlines for renewals of their visas, and since the criminal charges are technically still pending during these probationary periods, visas can and will be denied during these periods. There are a number of possible solutions to this problem. Oftentimes, we seek to have court dates advanced for our clients to avoid deadline problems, meaning that the cases are brought to court sooner than originally scheduled. Sometimes we are able to convince prosecutors to dismiss charges outright. Other times, we simply petition prosecutors to shorten the “probationary periods” on the ACDs to give our clients the opportunity to apply for their visas without this impediment for renewal.

Criminal defendants holding visas and facing Desk Appearance Tickets should also consult with an attorney prior to traveling abroad. New executive orders signed by the President have complicated foreign travel for such individuals. Indeed, foreign visa holders could risk being denied re-entry into the United States by traveling while a criminal case is pending.

Our attorneys regularly represent foreign citizens charged with Desk Appearance Tickets. In fact, on account of our close relationships with several foreign consulates in New York City, over half of our criminal defense clients are citizens of foreign nations. As a result, we understand the unique challenges that holders of green cards of visas face after receiving a Desk Appearance Ticket, and we understand how to best help our clients avoid serious consequences for their visas or immigration status. We have helped countless individuals with F1, K1, H1B, J1, O1, E3, H2B, B1, and other visas remain in the United States so that they could pursue their careers and educational opportunities, and we are proud to have been able to do so.

If you or a loved one are a foreign citizen and have received a Desk Appearance Ticket, you should seriously consider the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team of former Manhattan prosecutors will help you navigate the confusing criminal-immigration system and work with your immigration attorneys to do everything possible to ensure that your application for a renewal of your visa or green card is unaffected by these criminal charges.

Woodbury Commons is a popular outlet mall and shopping destination for tourists and locals alike. The designer clothing and other luxury items on sale there make it an easy place for shoppers to give in to temptation. Unfortunately, many of those people make the mistake of attempting to steal items, and suddenly find themselves confronted by the frightening prospect of a criminal prosecution.

People without criminal records caught shoplifting at a store at Woodbury Commons most typically receive Desk Appearance Tickets directing them to appear in the court at the Woodbury Justice Court which is located on 511 NY-32, Highland Mills, New York, on a later date. Shoplifters are usually caught by store security and then held until the police can arrive to effectuate an arrest. While waiting for police to arrive, store security guards might question a shoplifter or search through their purse or pockets. Many people complain that these searches and interrogations violate their constitutional rights, but the U.S. Constitution actually does not protect you from searches by private store security guards – it only protects you from law enforcement officers – and a store security guard does not have to read you your Miranda rights, either. So if store security finds other stolen items or contraband such as drugs on the person of a shoplifter, that could also result in additional criminal charges. Moreover, if you confess to stealing to a store security guard, or sign a document admitting what you have done, that document can be used against you by police and the government in a later criminal proceeding.

Additionally, store security guards are likely to give a shoplifter a trespass notice telling them that they are no longer permitted to enter their store, and they may even demand a civil settlement at the time of the arrest or later via a civil demand letter. The store certainly has the right to issue the trespass notice and pursue a civil claim against a shoplifter; if you have received such a civil demand, we recommend that you retain an attorney to discuss your options.

Arrests for shoplifting can have extremely serious consequences for non-citizens (especially those seeking U.S. visas or green cards), financial sector professionals, and teachers, among others. If you are such a person facing a shoplifting charge, The Law Office of Matthew Galluzzo can help you navigate the unique challenges of this situation, as we have extensive experience representing criminal defendants in all three categories.

It should also be noted that theft of over $1000.00 worth of merchandise warrants a higher felony charge of Grand Larceny in the Fourth Degree (PL 155.30). An arrest for this charge does not typically result in a Desk Appearance Ticket, and the resultant procedure and outcome is usually very different from a regular shoplifting case.

Though past results do not guarantee future outcomes, our attorneys have been successful on many occasions in negotiating favorable plea bargains that have allowed our clients accused of shoplifting at Woodbury Commons to emerge from the ordeal without any criminal records or jail time. Depending on the value of the stolen property, it may be possible to negotiate an adjournment in contemplation of dismissal (“ACD”) or disorderly conduct violation (PL 240.20), neither of which is a criminal conviction that gives one a criminal record. Typically, the shoplifter has to complete a shoplifting rehabilitation course online, or perform community service, in order to secure this disposition. Court surcharges may also be necessary to make this deal with the prosecution.

Many of our clients have been foreigners unable to attend the court date itself. Depending on the circumstances, you may be able to give authorization to an attorney via affidavit to appear in your stead. The attorneys at The Law Office of Matthew Galluzzo have appeared via affidavit for a number of foreign clients accused of shoplifting at Woodbury Commons, and they have greatly appreciated the fact that they were able to avoid spending the time and money to travel back to the United States to make their court appearance. Contact The Law Office of Matthew Galluzzo to see whether they may be able to save you a trip back to the United States.

Unfortunately, even a minor arrest can derail an application or renewal for an H1B visa. The attorneys at The Law Office of Matthew Galluzzo have represented many individuals with H1B visas who have received Desk Appearance Tickets for misdemeanor arrests, including, among other things: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), and Assault in the Third Degree (PL 120.00). Some of these cases are oftentimes resolved with adjournments in contemplation of dismissal (“ACDs”) that would generally be considered to be favorable dispositions. However, ACDs typically involve six month waiting periods before the cases are dismissed, and any people who need to apply for or renew their H1B visas during that six month period are precluded from doing so (and thus unable to remain in the United States at their chosen and hard-earned job). Put plainly, an H1B visa will not be renewed if a criminal case is pending or if the ACD waiting period is still outsanding. This effect has also been noted in the context of other visa applications, such as F1 and J1 visas.

While these are generally not considered the most serious of cases, for visa holders, even these comparatively minor criminal cases can impact your life, career and renewal applications in a number of other ways. For example, convictions for these crimes can result in job loss, permanent criminal records, deportation or inadmissibility, fines, and potentially even jail time. A criminal case should never be taken lightly, but foreign citizens with visas need to be even more mindful of the consequences of an arrest.

The attorneys at The Law Office of Matthew Galluzzo – the accredited criminal defense attorneys for the New York Consulates of France, Switzerland, Belgium, Australia and Saudi Arabia – regularly represent foreign citizens in a wide variety of criminal cases, and have been successful in securing countless dismissals for our foreign clients. Moreover, we have been successful on numerous occasions in convincing prosecutors to dismiss low-level cases or shorten the statutory ACD waiting periods by demonstrating the adverse impact upon their H1B visa renewals or applications. If any of this might apply to you, you should consider retaining the services of one of the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo.

Additionally, the attorneys at The Law Office of Matthew Galluzzo are fluent in French and Spanish. Our clients with those backgrounds greatly appreciate their ability to communicate in their native languages and find it easier to understand the process. To learn more about New York criminal law issues in French, visit our website www.droitpenal.nyc or email avocat@droitpenal.nyc.