Arrested in Manhattan...It's Going to Be a While

March 17, 2009 03:54 PM | Criminal Courts, Criminal Procedure

I was recently retained by a person arrested in Manhattan at approximately 3:00AM Saturday morning. As a New York criminal defense attorney, I am used to delays in producing clients for an arraignment. But for the benefit of those of you not used to the delays, here is what to expect. New York County (Manhattan) experiences hundreds of arrests per day. On the day in question, there were over 415 arrests. Once arrested, a person is brought to the local police station. From there, if the person does not qualify for a desk appearance ticket, he will be brought to central booking, processed, and interviewed by a city agency for the purposes of making a bail or ROR recommendation. The police officer(s) making the arrest must speak with the Assistant District Attorneys in the complaint room to formulate the charges. The charges are then drafted and filed (docketed) with the Court Clerk. At that point, the case is ready to be called so long as the person is at the courthouse.

The point is that this is often a lengthy process and it is not uncommon for a person not be arraigned until the next day. In my case, my client was arraigned at 12:45AM Sunday morning (the court operates till 1:00AM). That's almost 24 hours from the time of the original arrest.

Be sure to seek the services of a qualified New York criminal defense attorney to lead you through the maze of arraignment in Manhattan.

What is a Desk Appearance Ticket

January 12, 2009 06:52 PM | Desk Appearance Ticket (DAT), Arrest, Criminal Procedure

A Desk Appearance Ticket is a directive or order issued by the police requiring the accused to appear in Criminal Court to answer a charge to be filed against the accused. A Desk Appearance Ticket is sometimes referred to as a DAT or as an Appearance Ticket.

Technically speaking, Desk Appearance Tickets can be issued for Violations, such as disorderly conduct, Misdemeanor offenses, such as Petit Larceny, or even certain "low level" Felonies. However, the majority of DAT's are given for violations and misdemeanors.

As a New York City and Westchester County criminal defense attorney, I have been handled numerous cases where a Desk Appearance Ticket was issued for both violations and misdemeanor offenses. Petit Larceny charges are some of the most common.

An accused receives a Desk Appearance Ticket following arrest. The DAT will typically list the charge and the date and time for the accused to appear in Court. Remember, this is an arrest, not a traffic ticket. You must appear on the date and time, preferably with your criminal defense lawyer.

At your Court appearance, the standard procedure is for the accused to be

arraigned

There are instances, however, when the charges are not "ready" and the matter is adjourned for another day.

The Role of TASC in your Case

January 5, 2009 05:19 PM | Criminal Procedure

There are several Westchester Criminal Defense cases where the Court will order a TASC evaluation of a criminal defendant. TASC stands for Treatment Alternatives for Safer Communities and is a Westchester County sponsored program that provides primary assessment, monitoring and supervision in certain cases. Typically TASC will be assigned to defendants accused of DWI DUI, criminal possession of a controlled substance, certain domestic violence related charges and a variety of other misdemeanor and criminal charges. Once a person is evaluated, a decision is made by the TASC program whether to recommend treatment. The treatment regime recommended can be as minor as a series of educational classes or as intensive as a year long program.

TASC can play a major role in a Westchester County criminal defense case. A defendant's compliance with the TASC directives is often considered by the District Attorney's Office when making disposition offers and is also considered by judges for bail and sentencing purposes.

DWI DUI and Criminal Possession of a Controlled Substance (CPCS) charges are two areas where TASC is often involved. However, a defendant may be given the option of selecting a different organization for evaluation and treatment and simply have TASC monitor the defendant's progress. Ask your Westchester Criminal Defense Lawyer what your options are in these cases.