What is a Desk Appearance Ticket (DAT) in NYC?
A Desk Appearance Ticket, or DAT, is a written order to appear in criminal court on a future date instead of being held in jail until arraignment. The police arrest you, process you, and then release you with a ticket that lists a court date — but it is still a real criminal case, not a traffic ticket, and you must appear. Missing the date can lead to a bench warrant for your arrest.
A DAT often feels like good news in the moment — you go home the same day instead of waiting in a holding cell. But the relief can be misleading. The DAT is the start of a criminal prosecution, and treating it like a parking ticket is the most common and most costly mistake people make.
How is a DAT different from a regular arrest?
In a standard arrest, you are held in custody and brought before a judge for arraignment, sometimes after many hours. With a DAT, the police complete the arrest and processing — including fingerprinting — and then release you on the spot with a ticket directing you to appear in court on a later date, often several weeks or months out. The arrest still happened; only the timing of your court appearance changed.
Police and prosecutors use DATs for lower-level offenses where holding someone until arraignment is not considered necessary.
Why do I still have to appear in court?
Because a DAT is the beginning of a criminal case. Your first court date on a DAT is your arraignment — the appearance where the charges are formally filed and read, you enter a plea, and the case is calendared going forward. Skipping it does not make the case disappear; it makes the case worse.
Until that arraignment happens, the case is pending. Resolving it — through dismissal, a plea, or another disposition — requires going through the court process that the DAT date starts.
What charges commonly come with a DAT?
DATs are typically issued for misdemeanors and lower-level offenses. Common examples include:
- Petit larceny and shoplifting (often charged under the Penal Law's larceny provisions)
- Possession of small amounts of a controlled substance
- Criminal possession of a weapon in lower degrees
- Assault in the third degree
- Criminal mischief
- Theft of services (for example, turnstile jumping)
- Trespass
The fact that an offense is DAT-eligible does not make it minor in the eyes of the law — a misdemeanor conviction still creates a criminal record.
What happens at the arraignment on a DAT?
When you appear on your DAT date, the case is arraigned. At that appearance:
- The accusatory instrument (the criminal complaint) is filed.
- The charges are read and you enter a plea — typically not guilty at this stage.
- The judge sets any conditions and the next court date.
From there the case proceeds like any other criminal case, with the opportunity to litigate, negotiate, or move toward dismissal depending on the facts.
What happens if I miss my DAT court date?
This is the part to take seriously. If you fail to appear on your DAT date, the judge can issue a bench warrant for your arrest. That means you can be taken into custody on the warrant — at a traffic stop, at the airport, or at your door — and the failure to appear becomes its own problem on top of the original charge.
If you have already missed a DAT date, do not wait for the warrant to find you. A defense attorney can often help arrange a voluntary return to court to address the warrant.
What should I do when I receive a DAT?
- 1Read the ticket carefully and confirm the exact date, time, and courthouse listed.
- 2Calendar the date immediately and plan to arrive early — courthouses have security lines.
- 3Keep the DAT and any related paperwork together.
- 4Speak with a criminal-defense attorney before the date, not after. The arraignment is an opportunity, and being prepared for it matters.
Questions to consider
Is a DAT a criminal charge?
Yes. A DAT is the start of a criminal case, not a traffic or civil ticket. The charge listed on it is a real criminal charge, commonly a misdemeanor.
Do I need to appear if I think the charge is minor?
Yes. You must appear on the date listed regardless of how minor the charge seems. Missing the date can result in a bench warrant.
What if I lost my DAT or forgot the date?
Contact the court or a defense attorney right away to confirm the date and courthouse. Do not let the date pass because you misplaced the paperwork.
Get help with your DAT
A Desk Appearance Ticket gives you something valuable: time to prepare before your first court date. Using it well — understanding the charge, showing up ready, and having counsel — can shape how the whole case goes. If you have a DAT for a court appearance anywhere in the five boroughs, the most useful first step is a case review before your date.
This article is general information about New York criminal procedure, not legal advice for your situation, and reading it does not create an attorney-client relationship. Whether and how a DAT charge can be resolved depends on the specific facts and your record. Speak with an attorney about your circumstances. This is attorney advertising. Prior results do not guarantee a similar outcome.
