A Desk Appearance Ticket is a written notice from a New York police officer telling you to appear in criminal court on a specific future date, in lieu of being held in custody until arraignment. It means you have been arrested and charged, but you get to go home the same day. Read the ticket, note the court, date, and time, speak with a criminal defense attorney before you appear, and do not miss that court date.1New York State Senate. New York Criminal Procedure Law 150.20 – Appearance Ticket; When and by Whom Issuable
What a DAT Actually Is
Formally called an “appearance ticket” under New York’s Criminal Procedure Law, a DAT is a signed document that identifies you, names the offense, and directs you to a specific local criminal court on a specific date.2New York State Law. New York Criminal Procedure Law Article 150 The court date is usually four to eight weeks out.
Here is what people most often get wrong: a DAT is not a warning, a summons, or a ticket in the traffic sense. You have been arrested. Your fingerprints and photograph are taken, and a criminal record is created. The only real difference between a DAT and a traditional custodial arrest is where you wait for arraignment. Home, rather than a cell. The charges are real, the case is real, and the ticket is a court order.
Why You Received a DAT Instead of Being Held
Following New York’s 2020 bail and pretrial reforms, officers are generally required to issue a DAT rather than hold you for arraignment when the charge is a misdemeanor, violation, or Class E felony.1New York State Senate. New York Criminal Procedure Law 150.20 – Appearance Ticket; When and by Whom Issuable In practice, DATs turn up most often for petit larceny (shoplifting), low-level drug possession, minor assault, disorderly conduct, trespassing, public urination, and fare evasion.
Officers cannot issue a DAT for Class A, B, C, or D felonies. Certain sex offenses, escape charges, and second-degree bail jumping are also excluded, and officers are not required to issue a DAT for domestic violence charges between household members or sex offenses under Article 130 of the Penal Law.1New York State Senate. New York Criminal Procedure Law 150.20 – Appearance Ticket; When and by Whom Issuable
What to Do Before Your Court Date
Start with the ticket itself. It lists the court location, the date and time, and the charges. Charges are often written as statutory codes rather than plain English. If they are not clear, an attorney or a look at the New York Penal Law can translate them.
The single most valuable step is talking to a criminal defense attorney before you appear. An attorney can explain the specific charges, assess the strength of the case, and put a strategy together before you walk into the courtroom. For misdemeanor cases handled on a flat fee, private attorneys typically charge somewhere between $1,000 and $3,000, though fees vary with the complexity of the charge and the attorney’s experience. If you cannot afford a lawyer, you can request court-appointed counsel at arraignment; eligibility is income-based, and most jurisdictions use a multiple of the federal poverty level as the guideline.
On court day, bring valid photo identification. Keep any documents related to the incident (a receipt for an item you are accused of stealing, for example) accessible. Dress the way you would for a job interview. Judges notice.
What Happens at Arraignment
Your first appearance is called an arraignment. Arrive early and check in with the clerk. Calendars are heavy, so expect to wait.
When your case is called, the judge will read the charges and you will enter a plea. In almost every DAT case, the plea at arraignment is “not guilty,” even if you plan to negotiate a resolution later. That preserves your options. If you have an attorney, they stand beside you and do the talking.
Under New York’s bail reform laws, judges generally cannot set bail or order detention for most misdemeanors and nonviolent felonies, and DAT-eligible offenses sit squarely in that group. You will almost always be released on your own recognizance, with a future court date set.
What Happens If You Miss Your Court Date
This is where a manageable case becomes a serious one. If you do not appear on the date printed on the ticket, the court can issue a warrant for your arrest.2New York State Law. New York Criminal Procedure Law Article 150 That warrant stays active until you are picked up or turn yourself in. A routine traffic stop, an unrelated police encounter, or a background check for a new job can surface it months or years later.
Failing to respond to an appearance ticket is also a separate offense under New York Penal Law. So you now face the original charge plus an additional charge for not showing up.
If you have already missed a date, call a criminal defense attorney right away. In many cases, an attorney can arrange a voluntary surrender, which judges treat far more favorably than an arrest on a warrant.
How These Cases Usually End
Most DAT cases never go to trial. The charges are typically low-level, and both sides have reasons to resolve them quickly.
Adjournment in Contemplation of Dismissal
An ACD is often the best realistic outcome for a first-time offender. The court puts the case on hold for six months, or one year in domestic violence cases, and if you stay out of trouble during that period, the charges are automatically dismissed.3New York State Senate. New York Criminal Procedure Law 170.55 – Adjournment in Contemplation of Dismissal Both sides must agree, or the judge can order one with consent from both. The court can attach conditions, such as community service or staying away from a location.
Marijuana-related offenses have a separate ACD provision with an adjournment of up to 12 months, which the defendant can request directly.4New York State Senate. New York Criminal Procedure Law 170.56 – Adjournment in Contemplation of Dismissal in Cases Involving Marihuana You are generally not eligible if you have received one before or if you have a prior controlled-substance conviction.
Plea to a Reduced Charge
If an ACD is not on the table, the prosecutor may offer a plea to a lesser charge, often a noncriminal violation like disorderly conduct in place of the original misdemeanor. A violation is not a criminal conviction, though it can still appear on certain background checks and carries fines and surcharges of its own.
Dismissal or Trial
Cases can be dismissed for insufficient evidence, defects in the accusatory instrument, or the prosecution’s failure to meet its discovery deadlines. If there is no dismissal and no plea, the case goes to trial. Violations are decided by a judge; misdemeanors can be tried by a judge or a jury.
What Happens to the Record After the Case
If your case ends in dismissal, an ACD that runs its full course, or an acquittal, New York law requires the court to seal the record automatically.5New York State Senate. New York Criminal Procedure Law 160.50 – Order Upon Termination of Criminal Action in Favor of the Accused The arrest and court records become invisible to the public, and fingerprints and photographs are either destroyed or returned. Agencies that received your information are notified of the sealing.
Sealed is not erased. Certain government agencies, particularly law enforcement and immigration authorities, can still see the record. But for most private background checks it will not appear.
Under federal law, consumer reporting agencies can include arrest records on background reports for up to seven years from the date of arrest, regardless of the outcome.6Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports Once your record is sealed under CPL 160.50, that arrest should drop off, because sealed records are not available to reporting agencies. New York also generally prohibits employers from asking about arrests that did not result in a conviction, or about sealed records. The gap to watch is the period between arrest and resolution: if a background check runs while the case is pending, the open case will show. One more reason to resolve DAT cases promptly.
If You Are Not a U.S. Citizen
A DAT arrest deserves careful attention if you are not a citizen. Federal immigration forms require you to disclose every arrest, regardless of outcome. The N-400 naturalization instructions specifically state that you must report all offenses, including those that were dismissed or expunged, and that failing to disclose can result in denial and possible criminal prosecution.7USCIS. Form N-400 Instructions for Application for Naturalization USCIS officers may request certified court dispositions for any arrest that bears on moral character, whether or not it produced a conviction.8USCIS. USCIS Policy Manual Volume 12, Part F, Chapter 3 – Evidence and the Record An open DAT case can delay or derail a pending immigration application.
Trusted traveler programs are affected too. Pending criminal charges make you ineligible for Global Entry and similar programs, and an existing membership can be reviewed or revoked.9U.S. Customs and Border Protection. Eligibility for Global Entry Talk to an immigration attorney alongside your criminal defense attorney. A resolution that looks favorable on the criminal side can still create immigration problems if handled without that coordination.
What It Will Cost
A DAT case costs money even when the charges are eventually dismissed. Private attorney fees for a misdemeanor typically run $1,000 to $3,000 on a flat-fee basis through resolution. Complex cases, trials, or felony charges cost more. Court-appointed counsel is available at no cost if you meet income eligibility.
If the case ends in a conviction, including a reduced violation, New York imposes mandatory surcharges. A misdemeanor conviction carries a $175 mandatory surcharge plus a $25 crime victim assistance fee. Violations carry lower surcharges. Courts generally cannot waive these on top of any fine the judge sets.
The less obvious cost is time. DAT cases typically involve several court appearances spread over weeks or months, each one requiring time off work and travel. For hourly workers, lost wages often rival what the attorney charges.