DESK APPEARANCE TICKET PROCEDURES

By James Shalley

Each county manages Desk Appearance Tickets in its own way. In each of the specific county pages contained in this site (Manhattan, Queens, Brooklyn, Bronx, Nassau, Westchester), I will attempt to keep updated local information about local Desk Appearance Ticket procedures.

Please note that the details of courtroom procedures are constantly changing in response to various caseload and other pressures on the courts. Standard practice on one day may easily change the next. Therefore, please forgive any discrepancies between what appears in these pages and your actual experience. We will attempt to keep up with the changes as they occur. Also, note that historic changes beginning in January, 2020 are expected to flood the criminal justice system with many more appearance tickets than have previously been written, especially in New York City. Therefore, while the basic notion of desk appearance tickets is unchanged, the increased volume may result in changes to local procedures. As those changes are made known, we will update the information in this site.

Your First Appearance Must be Within 20 Days of Arrest

Under the new appearance ticket reforms, the Government is required to give you a first appearance date within 20 days of your arrest. This marks a significant change. Prior to the new law, the Government often launched appearance ticket cases out two months, depending on the county. These super long dates pose significant problems for the increasing number of people who are automatically suspended from work after an arrest. In such circumstances, people would face suspension from work for two months, even in cases that were highly likely to be settled the same day as the first appearance.

Your Appearance will Generally be Required on the Date Listed

As a general rule, you must appear on the date and time ordered by the ticket, and at the location noted. Your failure to appear when and where you are directed by the Desk Appearance Ticket may result in a warrant being issued for your arrest.

That being said, it is possible, under the right circumstances, to adjust the date of the appearance as long as the District Attorney's Office agrees to do this. Typically, the District Attorney's Offices are reluctant to change dates unless exceptional circumstances can be shown. Generally, you will need to engage an attorney to accomplish this, since the District Attorney's Offices will generally be reluctant (or should be reluctant) to speak with those who are accused in this context.

It is also possible that an attorney can be engaged to appear on your behalf, if there is a particularly compelling reason for your inability to appear as required. There can be an element of risk in having an attorney appear on your behalf, because it is possible that a judge may be so unpersuaded as to the reason that he or she might issue a warrant for your arrest. Choosing to take this course of action should only be done after carefully considering all the alternatives with your lawyer. That being said, on the occasions in which we have been involved in cases where we sought to appear for our clients on Desk Appearance Tickets, we have not been disappointed. This is not meant to predict any future result, but merely to illustrate that the possibility exists.

If you Believe you meet Poverty Guidelines and can’t Afford a Lawyer…

If you do not have a lawyer, remember to bring your copy of the Desk Appearance Ticket with you to Court. You will hand this to a Court Officer who will then give you further instructions (usually to sit and wait until your name is eventually called by the public defender).

If you do not have a lawyer, and you believe you would qualify to have a public defender represent you, you would be well advised to bring documentation proving that you meet the applicable poverty guidelines, and therefore are unable to afford a lawyer, such as tax returns, to prove your income status. Simply telling the judge that you can't afford a lawyer is unlikely to be persuasive on its own. Since you will not be in custody when you appear on a desk appearance ticket, and will have had approximately 20 days since arrest to find a lawyer, there is no presumption of eligibility for counsel. Judges, being judges, generally like to see proof of the things that people say to them.

Witnesses are Unnecessary - First Appearance is not a Trial

Generally, it is not necessary to bring witnesses to the court appearance. Witnesses are for a hearing or trial, neither of which will happen on your first appearance on a Desk Appearance Ticket. Your appearance on the record will probably last about a minute or so.

Arrive Early so you Don’t Stay Late

Get there as early as possible, especially if you do not have a lawyer and are applying for a public defender. If you arrive with your lawyer, you will likely be heard very quickly and can predictably count on being done at least with the appearance very soon. If you think you meet poverty guidelines, and don’t have your own lawyer, it will take time for the public defenders to interview you about your eligibility for their services and also to interview you about your case. If you get there late, and it is crowded, it could be a very long day for you. Also, if you get there late, it is theoretically possible that the judge will issue a warrant for your arrest – not a good way to start off your case.

James Shalley has been practicing criminal defense in New York for more than 30 years.