New York Criminal Lawyer Blog
While handing a New York City Desk Appearance Ticket may be something that a Desk Appearance Ticket lawyer or New York criminal defense attorney is familiar with, people who receive these tickets are often left asking questions and generally confused. Although the following blog entry is not legal advice or a substitute for an in depth consultation with your own Desk Appearance attorney or New York criminal lawyer, the following should answer some of the basic questions you might have.
Is a New York City Desk Appearance Ticket the Same Thing as an Arrest Whether or not you are ultimately convicted or the case is dismissed, you have been arrested and “printed.” An arrest and a conviction giving you a criminal record are separate and distinct. Having said that, there are provisions in the New York State Criminal Procedure Law that specifically state that a dismissal of your case deems the underlying offense a “nullity.” Although that is New York law, before ever signing off on a contract or employment application that you have not been arrested, it is imperative to first thoroughly vet this issue with your own New York criminal lawyer.
What Crimes can be Charged on a Desk Appearance Ticket in New York A Desk Appearance In New York City – from Manhattan and Brooklyn to Queens and the Bronx – can charge most misdemeanors and “E” felonies. There are knife possession and weapon possession Desk Appearance Tickets (NY PL 265.01), Drug and Controlled Substance Possession Desk Appearance Tickets (NY PL 220.03), Shoptlifting, Petit Larceny and Stolen Property Desk Appearance Tickets (NY PL 155.25 and 165.40), Assault Desk Appearance Tickets (NY PL 120.00), Criminal Mischief Desk Appearance Tickets (NY PL 145.00), Theft of Services Desk Appearance Tickets (NY PL 165.15), Aggravated Harassment Desk Appearance Tickets (NY PL 240.30) and many more.
Can I be Charged with More Than the Crime Drafted on the Desk Appearance Ticket Merely because your Desk Appearance Ticket charges one crime does not mean the prosecution is bound by what appears on that ticket. Prosecutors can elevate crimes to more serious offenses or add additional crimes when they draft the complaint against you. For example if you are arrested and given a Desk Appearance Ticket for shoplifting, your Desk Appearance Ticket may read NY PL 155.25 or NY PL 165.40. When you see the judge, the complaint may include both charges or be elevated to a felony depending on the value of the property.
Who is Eligible for a New York City Desk Appearance Ticket Generally, if you are local in the New York City area or you have an address that the police can confirm, you will be eligible for a NYC Desk Appearance Ticket. Additionally, the crime cannot be one involving domestic violence or a felony offense greater than an “E” felony. These are just some of the basic parameters.
Will a Pending Desk Appearance Ticket Show Up on a Background Check Sadly, whether or not you are later exonerated, once you are printed and a police complaint is drafted, there likely will be some form of a “record.” Certainly, once you are arraigned and see the judge, an employer’s background check into your criminal history will reveal your arrest.
The Cops Told Me I would get a Slap on the Wrist. Is this True This is purely not the truth in many cases. First, the police are not the prosecutors. They cannot dictate what will happen in your case. Second, even assuming a “slap on the wrist” might happen, this means different things to different people. A violation may not have an impact on the future of an artist, bartender or self employed person, but if you are a doctor, teacher, lawyer, financial services employee or other type of professional, even a “slap on the wrist” can potentially destroy your career. Further, a common offer in many criminal cases is a Disorderly Conduct violation. Infamously, these dispositions have been known to “pop” on background checks. A criminal lawyer does not need to tell you about the ramifications to your career today or in ten years what that Disorderly Conduct may have.
The bottom line, many New York Desk Appearance Tickets – whether it is an Assault, Drug Possession, Shoplift or some other crime – will not merely just go away with an automatic “slap on the wrist.” You may not believe that now, but could suffer the reality in two, five or ten years. By then, it will be too late to fix the mistake you compounded with bad legal decisions.
For a wealth of information on New York City Desk Appearance Tickets, follow the respective link to the Desk Appearance Ticket section of the Saland Law PC website. There you will find the link to the related section of the New York Criminal Lawyer Blog. Information on the respective crimes listed above can be found through the links as well.
The New York Desk Appearance Ticket lawyers at Saland Law PC represent clients in all stages of criminal litigation form arrest through trial in the New York City area. Before starting the criminal practice, both founding partners served as prosecutors in the Manhattan District Attorney’s Office.