Understanding Desk Appearance Tickets for Drug Possession at New York City Airports
In New York City, individuals arrested for certain offenses may be issued a Desk Appearance Ticket (DAT), allowing them to appear in court at a later date rather than being held in custody. This practice is particularly relevant for those arrested at major transportation hubs like John F. Kennedy International Airport (JFK) and LaGuardia Airport (LGA). One common offense leading to a DAT is Criminal Possession of a Controlled Substance in the Seventh Degree, as outlined in New York Penal Law §220.03.
What Is a Desk Appearance Ticket?
A DAT is a written notice issued by law enforcement directing an individual to appear in court at a specified time and location. It serves as an alternative to immediate detention and is typically issued for misdemeanors, violations, and certain felonies. To be eligible for a DAT, an individual generally must:
* Have valid, government-issued identification.
* Not have an outstanding arrest warrant.
* Not be charged with a serious felony or a crime involving domestic violence.
* Not be under the influence of alcohol or drugs at the time of arrest.
At airports like JFK and LGA, officers often issue DATs for low-level offenses such as possession of small amounts of controlled substances. However, discretion is exercised, and individuals may still be taken into custody depending on the circumstances.
Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law §220.03)
Under Penal Law §220.03, an individual is guilty of Criminal Possession of a Controlled Substance in the Seventh Degree if they knowingly and unlawfully possess a controlled substance. This offense is classified as a Class A misdemeanor.
Penalties upon conviction may include:
* Up to 1 year in jail.
* Probation.
* Fines.
* A permanent criminal record.
* Potential immigration and employment issues.
It’s important to note that the actual charge filed in court may differ from the one listed on the DAT, as the District Attorney’s office has the discretion to amend charges based on available evidence.
The DAT Process at Airports
If arrested at an airport and issued a DAT for drug possession:
1. Processing: You will be fingerprinted and photographed at the airport precinct.
2. Release: After processing, you will be released and instructed to appear in court on the date specified on the DAT.
3. Court Appearance: Failure to appear on the scheduled date can result in a bench warrant for your arrest and additional charges.
Given the complexities of drug possession cases and potential collateral consequences, it’s advisable to consult with a criminal defense attorney to navigate the legal process effectively.
Conclusion
Receiving a Desk Appearance Ticket for drug possession at a New York City airport is a serious matter that requires prompt attention. Understanding the legal implications and seeking appropriate legal counsel can help mitigate potential consequences and ensure a fair legal process. Matthew Galluzzo is a former New York City prosecutor and has successfully represented dozens of people accused of drug-related crimes stemming from arrests at New York City airports. If you have a Desk Appearance Ticket directing you to appear in Queens criminal court and charging you with a violation of Penal Law Section 220.03, you should strongly consider contacting Matthew Galluzzo to discuss his legal services. He has obtained dismissals and favorable outcomes for dozens of clients, and has in some circumstances helped get these results without his clients – many of whom have been foreign students or out-of-residents or students – having to appear personally in the courthouse.