Top-Rated Appearance Ticket Lawyer in Staten Island, NY
In New York City, there are three processes by which people are charged with a crime through the criminal justice system: a summons, a desk appearance ticket, and a full arrest. All three of these processes result in a person being charged with a crime (you are able to plead guilty or not guilty), and all of them require an appearance in front of a court. You want experienced legal representation like The Law Office of Tracy & Tracy representing you in court for your summons or desk appearance ticket defense.
NYC Summons Defense Attorney
When a police officer issues you a summons, you’re not arrested, fingerprinted, or processed – an officer hands you a summons slip, similar to a traffic ticket, and you’re directed to appear in Criminal Court on a particular date. While the charges associated with summonses are less serious than D.A.T.s or full arrests, you can end up with a criminal record if you ignore your summons or don’t take it seriously, showing up unprepared to court. Charges associated with summonses are things like public urination, drinking in public, and trespassing on park property after dark.
An experienced defense attorney can help you fight a summons, avoiding a criminal record for small crimes like these. Get in touch with The Law Office of Tracy & Tracy for a free consultation here.
NYC Desk Appearance Ticket Defense Attorney
When you’re issued a desk appearance ticket (D.A.T.), you’re arrested by the police and taken into the station for fingerprinting and processing. The police can then decide whether or not to hold you overnight for your arraignment, or to release you with a D.A.T.
What is an arraignment? Arraignment is the first step in the court system, when the judge reads your charges and allows you to enter your plea (guilty, not guilty, etc).
The D.A.T. is a slip of paper outlining your charges and a return date for your court appearance, where you’ll be arraigned. Failure to appear at this court date is serious – it will result in a bench warrant for your arrest. When given a D.A.T., you want to be in touch with an experienced attorney as soon as possible to ensure that they can build the most robust defense in time for your arraignment.
What Is a Desk Appearance Ticket in NYC?
Click below for our in-depth guide to what you need to know if you or a loved one has been issued a desk appearance ticket in New York City.
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Aggravated Driving While Intoxicated (BAC over .18)
$1,000 – $2,500
1 year
Revoked for at least 1 year
Driving While Intoxicated – DWI (BAC over .08) or Driving While Impaired by a Drug (DWAI-Drug)
$500 – $1,000
1 year
Revoked for at least six months
Driving While Ability Impaired by Alcohol – DWAI (BAC between .05-.07)
$300 – $500
15 days
Suspended for 90 days
Zero Tolerance Law – BAC between .02 -. 07 for drivers under 21
$125 civil penalty and $100 fee to terminate suspension
None
Suspended for six months
Chemical Test Refusal
$500 civil penalty ($550 for commercial drivers)
None
Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal -Zero Tolerance Law
$300 civil penalty and $100 re-application fee
None
Revoked for at least one year.
Driving Under the Influence (Out-of-State)
N/A
N/A
Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation
N/A
N/A
Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).
*Second and Third Offenses of the same charge or a combination of DWI/DWAI charges can result in Class E or D Felony Charges