How DATs work in NYC in the time of coronavirus.

The coronavirus pandemic has posed challenges across the board for the New York City Criminal Justice system, and the Desk Appearance Ticket process has certainly faced its share of challenges.

Getting to Court in the First Place

Of course one of the primary benefits of getting a Desk Appearance Ticket is that you are not required to wait 24 hours or longer after arrest to see a Judge for your first appearance (arraignment). As the pandemic raged, this benefit became a logistical problem for the courts, since traditionally, people who received Desk Appearance Tickets who could not afford counsel would meet with (in person) their public defenders on the scheduled appearance day.

The problem faced by the Courts was that in person proceedings were disfavored. So the solution has been for the police to turn over all the contact information for every person who gets a DAT to the public defenders so that they can reach out DAT recipients, screen them for eligibility for free counsel, and if they are eligible, to begin representation with a view toward guiding the cases to virtual courtroom appearances where possible.

By contrast, one of the nice things about hiring your own lawyer for a Desk Appearance Ticket is that once you have a lawyer involved, your lawyer can begin the process behind the scenes to get your case ready for virtual court and guide you through the process personally. You won’t have to wait for someone to call you from a giant spreadsheet of information of all the DATS in NYC and hope they dial the right number or that the police took down your number correctly.

Eligibility Screening is Taken Extremely Seriously

Do not assume that because you may receive a call from a public defender agency about your upcoming DAT, that you are somehow automatically eligible for their services. Especially during times when budgets are running thin like now, the Courts are extremely vigilant and concerned that only those who are truly indigent are provided lawyers at taxpayer expense. Judges take the issue of eligibility extremely seriously. Likewise, the public defender organizations have a mandate from the Constitution (and from their contracts) only to represent the indigent. They therefore likewise guard their limited resources, and are not willing simply to represent “all comers.” Therefore, if you are expecting a call from a public defender about your Desk Appearance Ticket case, be prepared to have a careful discussion about your financial resources, at least once with the public defender, and then possibly a second time with the Judge.

Virtual Court Options

Many Desk Appearance Ticket cases are often capable of quick and simple resolutions that are satisfactory to everyone involved. (This is one reason why hiring a lawyer for a Desk Appearance Ticket matter can often be far less expensive than you might imagine - less time required by the lawyer equals less money for the fee.) Under the current system, where resolutions are possible, they can often be accomplished in Virtual Court.

If you are able to qualify for Virtual Court, you will be able to appear from wherever you have an internet connection and a smartphone or computer. New York City Courts now use Microsoft Teams, and joining these meetings couldn’t be easier (usually). You don’t even need to download anything. It all works (usually) in your web browser.

Call me at 347-612-9830, and I can begin helping you with your DAT right away.