Articles Tagged with desk appearance ticket

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The experienced criminal defense attorneys at Galluzzo & Arnone LLP have successfully represented dozens of individuals accused of violating Penal Law Section 265.01 (Criminal Possession of a Weapon in the Fourth Degree). In New York City, these cases are often brought as Desk Appearance Tickets, and the arrests are oftentimes made during routine examinations during traffic stops, in the subway system, or at the airport.

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
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Our attorneys have represented dozens of people arrested and/or given Desk Appearance Tickets for cases involving assault allegations. The recent disposition of actor Alec Baldwin’s (most recent) case provides an excellent example of what can happen in a straightforward assault case.

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.

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Here’s one question we are consistently asked: “Do I need to hire a lawyer for my desk appearance?” The short answer is “yes” and “absolutely.” In this blog, we discuss why this is.

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.