When a police officer discovers you breaking the law, you could be arrested, given bail, sent to jail or given a desk appearance ticket. 

Desk Appearance Ticket

Often in New York City, the police will issue a Desk Appearance Ticket (DAT) rather than put a suspect through the entire arrest procedure. For example, if you have valid identification, the charge does not involve violence or domestic violence, and you do not have a criminal record, a DAT will usually be issued. It’s a ticket that requires you to appear on a future date in criminal court. If you are given a DAT, you will return on the specified date to see the judge for arraignment. A DAT is rarely issued for a felony. If you’re arrested and receive a DAT, get some legal help right away and call an experienced Long Island criminal defense attorney promptly.

When you receive a DAT, the police have created a record that can potentially impact you for years to come. Even on a minor charge, a criminal conviction can keep teachers from teaching, lawyers from practicing, and physicians from healing; it can sometimes impact your driving privilege and your ability to own a firearm. You’ll want to retain a skilled and experienced criminal defense attorney to fight for justice on your behalf. If you do not appear in court on the required date, a bench warrant will probably be issued for your immediate arrest. A DAT is the legal equivalent of a formal arrest, and it’s just as serious.

Frankly, the criminal justice system makes it virtually impossible to represent yourself competently. Each criminal case is unique, and only an experienced, knowledgeable criminal defense attorney can provide the effective defense that every defendant needs. If you face a criminal charge anywhere in the New York City or Long Island area – whether or not you receive a DAT – obtain at once the counsel and services of an experienced Long Island criminal defense attorney. Don’t wait to make the call.

Posting Bond and Making Bail

Being in the middle of an arrest can feel like a nightmare, particularly if you have to stay in jail for several days.  The only way to avoid staying in jail while you are waiting for your trial is to post bail.  If you are eligible for bail, your bail amount will be set at your arraignment.  If you decided that you want to post bail, you will need to make sure you have access to the amount and type of payments that the detention center takes.

What forms of payment are accepted?

There are several different ways to pay your bail amount.  Be sure to double check at your correction office for current limits on certain payment types.  Often accepted payment forms include:

  • Cash
  • Cashier’s/Teller’s check
  • Bank money order
  • Federal Express money order
  • S. Postal money order
  • Travelers Express Company money order
  • Western-Union money order
  • GOV-PAY via debit/credit card

 The Eighth Amendment to the U.S. Constitution clearly makes excessive bail against the law. Nevertheless, in the New York City and Long Island areas, the sooner you can get help from a skilled criminal defense attorney, the better. Your attorney may in some cases be able to have your bail lowered or have you released on your own recognizance. If you’ve been charged with any crime or violation, get the legal help you need, and consult promptly with an experienced Long Island criminal defense attorney.

What is a Bail Bondsman?

If you are unable to come up with the bail amount yourself, a bail bondsman may be able to help you.  Using a bond agent means that you put up a percentage of your bail, and they provide the rest. Additionally, the bondsman will often require collateral to secure the bond. The bondsman will provide the court with a Surety Bond, which will be the guarantee that you will appear in court on your trial date.  After you appear, the court will refund the bail amount to the bondsman, and the bondsman keep the percentage that you put up as your fee.  This helps you avoid staying in jail until your trial date.

Many bail bondsmen have offices located near the courthouse.  Bail bondsman must be licensed by the state of New York; make sure they hold a current, valid license.

When You’re Arrested

When you are arrested by the police, no matter in a public place, the street, or your home, you can expect:

  • To be handcuffed
  • To be placed in the police car and taken to the station

Police are only required by law to read you your Miranda Rights if they plan on questioning you further. However, this does not change the fact that they can use anything they hear you say, whether to them directly, on the phone, or to another inmate, against you. It is your 5th Amendment right to remain silent. Use it! Be sure to mention right away that you want to enlist the help of a lawyer. You have the right to have an attorney present during any and all questioning. In most cases, it is a person’s own statements that end up hurting them the most.  Even though the statements may seem simple and innocent enough, police are not trained to dissect facts and apply rules of law, they are trained to follow a checklist, of sorts, basing their decision to make an arrest based on certain words (in many cases, not even full sentences), which are reported to them. In fact, talking about a criminal case to anyone other than your attorney is never a good idea.

No matter what point you’re at with your case, a knowledgeable criminal lawyer will help make the whole process easier, while fighting to help you win your case.  From posting bail to sentencing, we at Mirsky Law can guide you through.  For help with cases in the Long Island, New York, Mineola, Suffolk and Nassau Counties area, give Mirsky Law a call about your particular situation.