FREQUENT DESK APPEARANCE TICKET ACCUSATIONS
Petit Larceny, especially when related to shoplifting charges is perhaps the king of all desk appearance ticket charges. Petit Larceny is an A misdemeanor in New York State and is therefore considered a crime. In addition, as a theft related offense, petit larceny could be a source of difficulty for non-citizens. Non-citizens accused of petit larceny need to be especially careful about the outcome of the case. The good news is that, managed properly, a petit larceny charge is frequently something that a criminal defense lawyer can negotiate (if negotiation is what you are looking for) to a resolution consistent with most people's needs.
For more detailed information about petit larceny charges in New York City, please visit our petit larceny information website.
Simple marijuana possession cases also rank among the most frequent sorts of cases for which Desk Appearance Tickets are given. The charge of Unlawful Possession of Marijuana in New York State, is not even considered a crime, and in the absence of a laboratory report or some sort of field test, is subject to a motion for dismissal by a lawyer. Non-citizens should be concerned about the potential impact of a marijuana case on their status in the United States. It should be noted that if a lawyer is able to negotiate an ACD in a marijuana case, that the period of the ACD, prior to dismissal will be one year, and not the typical six months.
Although cases involving "domestic" disputes frequently end up going through the system, a certain number of cases involving harassment do manage to come through as Desk Appearance Tickets. Such cases are frequently in the category of telephone or email harassment claims. These types of cases, because of their often close connection to "domestic" disputes will frequently not be able to be resolved at the first appearance on the DAT.
Theft of Services
Theft of services cases, especially in the context of turnstile jumping, is another in the hall of fame of Desk Appearance Ticket accusations. These cases typically will involve people being accused of failing to pay for entering the subway or may involve people being accused of "doubling up" on one swipe of the Metrocard.
Aggravated Unlicensed Operation of a Motor Vehicle
Driving with a suspended license in New York is one of the most common Desk Appearance Tickets, and one of the most frustrating for those accused, often years after the their licenses are suspended. Read more here.
BY: DON A. MURRAY, ESQ.
Don Murray is one of the founding partners of Shalley & Murray, a New York criminal defense law firm with offices in New York City and Westchester County. Mr. Murray is a member of the National Association of Criminal Defense Lawyers. He has been practicing criminal defense in New York for more than 20 years. Any questions or comments about this article or seeking representation on a Desk Appearance Ticket can be directed to him directly at 718-268-2171.