New York Criminal Lawyer Blog

You received a summons for having an open container of beer somewhere in New York City either on the streets of Brooklyn or Manhattan. The police issued you a pink summons and you believed you were on your way to a slap on the wrist. However, to your surprise, you, in the words of the police, are "searched incident to your lawful arrest" where they find cocaine, a gravity knife or some other contraband. Originally given merely a pink ticket, you are arrested and put through the system or issued a Desk Appearance Ticket for violating New York Penal Law 220.03 or New York Penal Law 265.01. Compounding matters, you made some statements as too the drugs or weapon you are alleged to possess. Whether it came in the form of a New York Desk Appearance Ticket or you were sent to Central Booking, you now need a criminal lawyer to help fight the misdemeanor charge you face. How did this simple "nothing" case evolve into something so serious...

While rarely anything in the practice of New York criminal law is easy and straightforward, a recent decision from an Appellate Court in Western New York has given a little extra support to New York criminal defense attorneys defending clients in scenarios such as the one mentioned above. In People v Kalikow, 2011 NY Slip Op 09452 Decided on December 23, 2011 Appellate Division, Fourth Department, the defendant had received an appearance ticket for having an open container of alcohol. This was a violation of a local municipal ordinance. Upon issuing the appearance ticket, the defendant was ultimately searched and he made damaging statements. What specifically the police recovered and what the defendant actually said is irrelevant. In Kalikow, the issue was whether the conduct of the police was legal (the search) and, if not, whether the evidence recovered could be used against the accused at trial.

In trying to convince the court to permit the evidence against the defendant, prosecutors correctly asserted that warrantless searches are permissible in circumstance such as these because the police may lawfully arrest a person for violating an ordinance. In other words, if the police see you drinking an open container of beer and a law says you are not permitted to do so, then they can arrest you. Because the defendant's actions were "arrestable," prosecutors claimed that the police could then conduct a search incident to that arrest. While technically correct, the Court noted that the record from the lower court (the trial court as opposed to the appellate court), made it clear that the defendant was not arrested, but instead issued a summons (called an appearance ticket, but it appears as if this was more akin to a summons as opposed to a Desk Appearance Ticket in New York City). Further, the Court recognized the police had no intention of arresting the defendant but searched him anyway. In the words of the Court, "[i]f there is no arrest, however, there can be no search incident thereto."

Kalikow should make one thing clear. Merely because a defendant can be arrested, but is in fact not, does not give the police the authority to conduct a post arrest search. Despite the clear ruling from the Court, Kalikow is clearly fact specific, meaning, it is only applicable to limited cases. If, for example, you are issued a summons and the police notice a big bulge in your waist area that they can articulate appears to be a firearm, then the police can investigate further irrespective of that summons. Maybe they pat you down or maybe they make some inquires. Ultimately, if you are searched in a legal manner or during their investigation you state that you have a gun, the case addressed here may not help your cause, but your attorney should still seek to challenge the police and preserve your rights through a Huntley or Mapp Hearing.

To educate yourself further about criminal statutes found in the New York Penal Law, Desk Appearance Tickets, and the crimes of Criminal Possession of a Controlled Substance in the Seventh Degree and Criminal Possession of a Weapon in the Fourth Degree (as well as many others), please review the content found through the links above and below.

Established in 2008 by two former Manhattan prosecutors, the founding New York criminal lawyers at Crotty Saland PC utilize the wealth of knowledge and experience they have gained in their collective 24 years of criminal practice to represent clients throughout the New York City region.

We can all agree to disagree on the merits, impact and value of Occupy Wall Street sit-ins, protests and mere presence in lower Manhattan. Whether protesters blocking the Brooklyn Bridge hurt the blue collar and regular working class person trying to get to and from work or their actions truly intensified the light on certain Wall Street practices is certainly up to debate. However, one thing we can all likely agree on is that any arrest, whether it be for Disorderly Conduct (NY PL 240.20), Resisting Arrest (NY PL 205.30) or Obstructing Governmental Administration (NY PL 190.05), can have serious impacts to the futures of those arrested years after they have left the streets of New York City behind. While a summons for Disorderly Conduct is probably the least of their concerns, Resisting Arrest and Obstruction of Governmental Administration are both misdemeanors. How Manhattan District Attorney Cyrus Vance decides what to do with these cases is yet to be seen, but the potential for these men and women to damage their futures is great.

Disorderly Conduct: New York Penal Law 240.20

Although not a precise legal definition, if you are disorderly and cause public inconvenience or alarm, obstruct the flow of traffic or act in a violent manner, the NYPD and prosecutors can charge you with Disorderly Conduct. Not a crime, a conviction for this offense would not give you a criminal record. What is concerning, however, is if you are printed for Disorderly Conduct or any crime and you ultimately plea to this violation, there is a real possibility that it will show up on future background checks. While a Disorderly Conduct seals (or should seal), there has been litigation over arrest charges and pleas to Disorderly Conduct showing up months and years after the cases are resolved. No New York criminal lawyer can tell you whether your case will properly seal or seal in a manner as to prevent the public from learning of your arrest charges. Regardless, before taking a plea to a violation of Disorderly Conduct have a long and in depth conversation with your counsel as to the ramifications and collateral consequences of such a plea.

Resisting Arrest: New York Penal Law 205.30

If you intentionally prevent or attempt to prevent a police officer with the NYPD from making a lawful arrest, then you can be charged with Resting Arrest. Simply put, if you waive your arms, refuse to put them behind your back or pull your arms away, the police and prosecutors can charge you with this crime. It is imperative to recognize that this offense is a crime and a misdemeanor. While NY PL 205.30 is punishable by up to one year in jail, jail is generally not an issue for first or second time offenders in New York City. The greater issues is whether you will end up saddled with a criminal record if convicted. Alternatively, if prosecutors only offer you a Disorderly Conduct plea deal, there are issues (as discussed above) with sealing. Remember, if you are in a situation where tempers have been elevated it is critical that you remain calm. If you are going to be arrested there is likely little you can do at that immediate time. By flailing around and pulling away, you are giving law enforcement the tools to take your non-criminal actions and make them criminal.

Obstructing Governmental Administration: New York Penal Law 190.05

If you prevent or attempt to prevent the police or other governmental agency from performing an official or governmental function by interference or physical force, then the District Attorney's Office can charge you with this misdemeanor crime. Like Resisting Arrest, a charge of NY PL 190.05 is not likely to land a first or second time offender a stretch on Rikers Island. More concerning is the risk of a criminal record or a Disorderly Conduct offer. While not a catch all, to avoid being charged with this crime, do not interfere by, for example, blocking the police from a friend who is to be arrested or refusing to walk or move upon being arrested. Do not give law enforcement the tools to charge you with a crime where your conduct was otherwise not criminal in nature.

Occupy Wall Street Protestors: What to Do if Arrest for These Offenses

If you are given a summons, Desk Appearance Ticket or are arrested for Disorderly Conduct, Resisting Arrest or Obstructing Governmental Administration, there is no catch all defining what your next step should be. Having said that, there are a few critical things to discuss with your legal counsel. What impact will a violation or non-criminal Disorderly Conduct plea have on your future? Are you eligible or able to get an Adjournment in Contemplation of Dismissal (ACD) whereby your case is dismissed and sealed in six months. In that regard, how and why is New York Criminal Procedure Law 170.55 important to you? Was your underlying arrest lawful? If it was not, should the charge of Resisting Arrest be dismissed? Assuming you are not interested in working out a disposition, what are your chances of beating the case at trial or utilizing "speedy trial" laws to dispose of the charges? Whatever your discussions may incorporate, make sure you and your criminal attorney vet the charges. That last thing you need is a Scarlet Letter to wear well after the protest has ended.

For practical and legal analysis of Disorderly Conduct, Resisting Arrest and Obstructing Governmental Administration, please either follow the highlighted links above or search for these offenses on the NewYorkCriminalLawyerBlog.Com. A review of NewYorkCriminalLawyerBlog.Com will reveal extensive information on these and other crimes, statutes, valuable cases and commentary on cases in the news.

Founded by two former Manhattan prosecutors, the New York criminal lawyers at Crotty Saland PC represents the accused in New York City and the region.

Often times, prosecutors in the New York City area (Manhattan, Brooklyn, Bronx, Queens and Westchester Counties) offer first time shoplifters as well as those accused of other thefts, weapon crimes and personal drug possession, a violation of Disorderly Conduct (New York Penal Law 240.20). Depending on the facts and circumstances, a "Dis Con" could be a tremendous disposition. However, such a violation does have its draw backs. One of the most common is that a Disorderly Conduct may seal, but may show up on a background check. The other issue with a Disorderly Conduct is that while you will not have to ever state you were convicted of a crime, you technically have been arrested. Therefore, should an employer or an employment application ask whether you have ever been arrested, you will have to answer in the affirmative.

As I have written time and time again (and fought for my clients in each and every case of this nature), it is often worth one's time to reject a Disorderly Conduct and fight for an adjournment in contemplation of dismissal or ACD. In these cases, not only is there no conviction of any kind, but the case is both dismissed and sealed in six to twelve months depending the nature of the underlying offense. Another benefit that is often not addressed is equally important.

According to New York Criminal Procedure Law section 170.55(8), when one is granted an ACD, not only does the law provide that one will not suffer any type of "disability" as a result, but the initial arrest and subsequent prosecution are considered a "nullity." Furthermore, one is put back into the same position one was in prior to the arrest and prosecution.

Obviously, whether you are charged with New York Penal Law sections 155.25, 165.40, 265.01, 220.03 or any other crime, an ACD disposition can minimize the collateral consequences of the initial arrest. New York State law specifically sets forth a statute that deems your arrest a "nullity." Under the eyes of New York law, your arrest did not happened and you are "restored" to your pre-arrest status.

While a technical reading of New York Criminal Procedure Law section 170.55(8) establishes the "nullity" arrest result, the practical questions for one who is the recipient of an ACD are evident. Merely because New York State says in her laws that your arrest is a nullity, does that mean in fact you were never arrested? After all, you were handcuffed and printed. If, according to New York State law, your arrest is nullified, can you assert to an employer or on an employment application that you have never been arrested? What, if anything, will federal or other state authorities know about your case and arrest? What are the consequences of relying on the statute and denying your arrest should you be asked these questions?

Certainly, having to deal with an ACD and these questions about whether you were arrested or not are far better issues to deal with in comparison to those related to criminal convictions or convictions for violations. While attorneys may differ in their responses to the 170.55 issue, it behooves you to have the "arrest conversation" with your counsel.

For related information on Desk Appearance Tickets in New York, please review NYDeskAppearanceTicket.Com

In depth information on felony and misdemeanor crimes as well as on the criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC, please review the Crotty Saland PC website. Lastly, extensive materials on criminal statutes, criminal procedures and legal decisions can be located throughout the NewYorkCriminalLawyerBlog.Com.

While handing a New York City Desk Appearance Ticket may be something that a Desk Appearance Ticket lawyer or New York criminal defense attorney is familiar with, people who receive these tickets are often left asking questions and generally confused. Although the following blog entry is not legal advice or a substitute for an in depth consultation with your own Desk Appearance attorney or New York criminal lawyer, the following should answer some of the basic questions you might have.

Is a New York City Desk Appearance Ticket the Same Thing as an Arrest

Whether or not you are ultimately convicted or the case is dismissed, you have been arrested and "printed." An arrest and a conviction giving you a criminal record are separate and distinct. Having said that, there are provisions in the New York State Criminal Procedure Law that specifically state that a dismissal of your case deems the underlying offense a "nullity." Although that is New York law, before ever signing off on a contract or employment application that you have not been arrested, it is imperative to first thoroughly vet this issue with your own New York criminal lawyer.

What Crimes can be Charged on a Desk Appearance Ticket in New York

A Desk Appearance In New York City - from Manhattan and Brooklyn to Queens and the Bronx - can charge most misdemeanors and "E" felonies. There are knife possession and weapon possession Desk Appearance Tickets (NY PL 265.01), Drug and Controlled Substance Possession Desk Appearance Tickets (NY PL 220.03), Shoptlifting, Petit Larceny and Stolen Property Desk Appearance Tickets (NY PL 155.25 and 165.40), Assault Desk Appearance Tickets (NY PL 120.00), Criminal Mischief Desk Appearance Tickets (NY PL 145.00), Theft of Services Desk Appearance Tickets (NY PL 165.15), Aggravated Harassment Desk Appearance Tickets (NY PL 240.30) and many more.

Can I be Charged with More Than the Crime Drafted on the Desk Appearance Ticket

Merely because your Desk Appearance Ticket charges one crime does not mean the prosecution is bound by what appears on that ticket. Prosecutors can elevate crimes to more serious offenses or add additional crimes when they draft the complaint against you. For example if you are arrested and given a Desk Appearance Ticket for shoplifting, your Desk Appearance Ticket may read NY PL 155.25 or NY PL 165.40. When you see the judge, the complaint may include both charges or be elevated to a felony depending on the value of the property.

Who is Eligible for a New York City Desk Appearance Ticket

Generally, if you are local in the New York City area or you have an address that the police can confirm, you will be eligible for a NYC Desk Appearance Ticket. Additionally, the crime cannot be one involving domestic violence or a felony offense greater than an "E" felony. These are just some of the basic parameters.

Will a Pending Desk Appearance Ticket Show Up on a Background Check

Sadly, whether or not you are later exonerated, once you are printed and a police complaint is drafted, there likely will be some form of a "record." Certainly, once you are arraigned and see the judge, an employer's background check into your criminal history will reveal your arrest.

The Cops Told Me I would get a Slap on the Wrist. Is this True

This is purely not the truth in many cases. First, the police are not the prosecutors. They cannot dictate what will happen in your case. Second, even assuming a "slap on the wrist" might happen, this means different things to different people. A violation may not have an impact on the future of an artist, bartender or self employed person, but if you are a doctor, teacher, lawyer, financial services employee or other type of professional, even a "slap on the wrist" can potentially destroy your career. Further, a common offer in many criminal cases is a Disorderly Conduct violation. Infamously, these dispositions have been known to "pop" on background checks. A criminal lawyer does not need to tell you about the ramifications to your career today or in ten years what that Disorderly Conduct may have.

The bottom line, many New York Desk Appearance Tickets - whether it is an Assault, Drug Possession, Shoplift or some other crime - will not merely just go away with an automatic "slap on the wrist." You may not believe that now, but could suffer the reality in two, five or ten years. By then, it will be too late to fix the mistake you compounded with bad legal decisions.

For a wealth of information on New York City Desk Appearance Tickets, follow the respective link to the Desk Appearance Ticket section of the Crotty Saland PC website. There you will find the link to the related section of the New York Criminal Lawyer Blog. Information on the respective crimes listed above can be found through the links as well.

The New York Desk Appearance Ticket lawyers at Crotty Saland PC represent clients in all stages of criminal litigation form arrest through trial in the New York City area. Before starting the criminal practice, both founding partners served as prosecutors in the Manhattan District Attorney's Office.

You were arrested in Manhattan, Brooklyn or Queens and given a shoplifting Desk Appearance Ticket (DAT or D.A.T.) charging you with New York Penal Law 165.40 (Criminal Possession of Stolen Property in the Fifth Degree) or New York Penal Law 155.25 (Petit Larceny). You are a teacher, lawyer, physician or you work in finance. The collateral consequences beyond a conviction are enormous for you in terms of your career. Compounding matters, when store security grabbed you and brought you into the backroom, they bullied you into signing a "Trespass Notice" and financial forfeiture or restitution agreement. Even worse, they just snapped a photo of you with a digital camera. It is fairly clear that you need a New York criminal lawyer to advance your best defense to avoid any blemish on your clean record, but you need to discuss with that shoplifting New York criminal defense attorney what you just signed away in the backroom of Macys, Bloomingdales, Century 21 or any other department store in New York City.

What is the Trespass Notice

Whether or not your New York criminal lawyer has the ability to ultimately get the shoplifting case against you dismissed or dropped to an adjournment in contemplation of dismissal (ACD), there are certain realities you must face. One of those realities is that you likely were asked (or bullied) to sign or actually signed a Trespass Notice.

Whether it is Manhattan, Queens or Brooklyn or Century 21, Duane Reade or Bloomingdales, the Trespass Notice is generally the same. That is, the store is revoking your right to set foot inside for a certain period of time. In fact, most of the standard agreements dictate that your right to be present in their establishment at any location is revoked. In other words, your right to go to Macys in Manhattan, Brooklyn or Westchester has been terminated.

Even if you did not sign this agreement, the record of that agreement is preserved. Even worse, often times a digital picture of you is taken to be associated with the date, time and location of the alleged shoplifting or theft. This information is then maintained the stores database.

What Happens if I Ignore the Trespass Notice and Return to the Store

If you return to a store where a Trespass Notice has been issued, then you may be charged with a new misdemeanor crime of Trespassing. Even worse, if the store security and prosecutors can establish that you had the intent to steal again, then a Trespass misdemeanor is the least of your worries as you may now be charged with Burglary in the Third Degree (New York Penal Law 140.20). Burglary in the Third Degree is a "D" felony punishable by up to seven years in state prison.

If My New York Criminal Lawyer Beats My Shoplifting Case Does the Trespass Notice Disappear

The short answer to the above question is "no." The criminal case is an entirely different matter and has no impact on the Trespass Notice action. In fact, although it will not be discussed in this entry, the civil action against you in the amount of hundreds of dollars by the store can proceed as well (please follow the link for information on civil actions by department stores through the use of New York General Obligations Law Section 11-105)

While I do not dispense out advice over the internet and you should consult with a New York shoplifting criminal lawyer should you be charged with either New York Penal section 155.25 or New York Penal Law section 165.40, one thing is certain in the realm of Trespass Notices. Take them seriously. Very seriously. The last thing a young college graduate, school teacher or even a stay at home mother needs to be facing is a felony charge.

Beyond the links above, practical and useful analysis of shoplifting laws, legal decisions and general guidelines followed by prosecutors can be found on the Crotty Saland PC website as well as the New York Criminal Lawyer Blog. A search for terms such as "shoplifting," "Desk Appearance Ticket" and "155.25" on the criminal law blog will reveal a tremendous amount of educational information. The following are some sample educational articles:

Potential Offers for First Time Shoplifters in Manhattan
Arrested for Shoplifting without Leaving the Store
Shoplifting Arrests & State Action Hearings: What are Your Rights Against a Security Guard

Founded by two former Manhattan Assistant District Attorneys, the New York criminal defense attorneys at Crotty Saland PC represent clients arrested for, charged with or issued Desk Appearance Ticket in connection with the crimes of shoplifting in New York City.

The New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC have represented all types of professionals from teachers to physicians and lawyers to architects in criminal investigations and arrests. Our criminal attorneys have represented these professionals in arrests ranging from Petit Larceny Shoplifting (NY PL 155.25) and Theft of Services (NY PL 165.15) to Assault (NY PL 120.00) and felony Grand Larceny (NY PL 155.35). Because these professionals don't merely have their criminal case to be concerned about, our New York criminal defense attorneys at Crotty Saland PC routinely discuss the collateral consequence of an arrest and conviction with these clients. Now, according to reports, there may be an additional and grave concern for teachers arrested or given a Desk Appearance Ticket for any criminal charge ranging from Criminal Possession of Stolen Property (NY PL 165.40) to Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03).

According to reports, a New York State Senator has proposed legislation that will have dire consequences for teachers convicted of any crime (misdemeanor or felony). Regardless of any of our personal beliefs on the value of the tenure system or whether we believe the United Federation of Teachers serves themselves or students first, the bill in the New York State Senate appears to give a mayor of New York City the ability to terminate teachers convicted of crimes. According to one report, there are in excess of 500 teachers that still hold their jobs despite the fact that they have been convicted of a crime. While I have not read the bill, reports appear to indicate that Mayor Bloomberg, and his successors, would have the ability to dismiss these and future teachers convicted of crimes.

Whether or not this bill ultimately becomes law in New York State, teachers should be on notice. If you are arrested for any crime, even if it was something as "insignificant" as using a student's or a senior citizen's MetroCard to swipe at a turnstile, you need to take the appropriate steps to not only resolve the criminal case, but to protect your livelihood and future.

For further reading on Desk Appearance Tickets (DATs) in New York, Theft of Services, Assault, Shoplifting, Criminal Possession of a Controlled Substance and Grand Larceny, please follow the highlighted links above for the applicable section of the Crotty Saland PC website. For additional information on these crimes (and others) including, analysis of legal decisions and statutes, review the New York Criminal Lawyer Blog where you can search for the specific terms or go to more generalized sections of the criminal law.

The New York criminal defense attorneys at Crotty Saland PC represent the accused in criminal investigations, arrests and trials throughout the New York City region. Before starting the criminal defense firm, both founding members served as prosecutors in the Manhattan District Attorney's Office.

Whether you were arrested for Third Degree Assault (New York Penal Law 120.00) or you were given an Assault Desk Appearance Ticket (DAT) in the New York City area, the potential offers or deals are ultimately the same. Certainly, one New York criminal defense attorney may have a different approach to get the best deal over another lawyer, but the potential crimes and violations you may obtain are all found in the New York Penal Law.

Generally, Assault in the Third Degree (NY PL 120.00) is a misdemeanor punishable by up to one year in jail. In New York City (Manhattan, Brooklyn, Queens and the Bronx), that year for an Assault arrest and conviction would be served on Rikers Island. Obviously, your New York criminal lawyer will advocate fiercely to prevent that from happening. So, assuming that you cannot beat the case on factual, legal or procedural grounds, what are the potential offers you can expect to discuss with your New York criminal defense attorney? The following is a list of those dispositions:

Attempted Assault in the Third Degree (New York Penal Law 110/120.00)

By way of background, whenever 110 appears before a criminal statute, that signifies the crime is an attempted crime. Generally, an attempted crime is a lesser included offense of the actual crime. In the realm of Assault, Attempted Assault is a lesser crime that is automatically a lower crime of the completed crime of Assault. In practical terms, an Attempted Assault is a "B" misdemeanor and is punishable by up to 90 days in jail. While it is obviously a lesser crime compared to Assault, a plea to this offense would still give you a criminal record that is and will remain public. It is very rare that an Attempted Assault is a "good deal" where you are charged with Assault in the Third Degree as the most serious offense. Having said that, each case is unique and needs to be thoroughly discussed with your own counsel.

Harassment in the Second Degree (New York Penal Law 240.26)

Harassment in the Second Degree (NY PL 240.26) is violation and not a crime. This means that if you were convicted of this offense and nothing else, you would not have a criminal record. Clearly, this type of plea is exponentially better than a plea to an Attempted Assault. While you will admit on the record that you struck or subjected another person to physical contact, part of your allocution (admission to the elements of the crime) will not include any language that you intended to cause that person and in fact caused that other person physical injury or substantial pain. To sum up, this type of plea avoids a criminal record and admission of the criminal intent as described. Harassment in the Second Degree is punishable by up to 15 days in jail.

The major drawback to Harassment in the Second Degree is that it does not seal like some other violations. This means that the record of your plea and the conviction may be available to those seeking information about your background.

The potential disposition or offers in an Assault case as listed above do not stand alone. A prosecutor could require that you take an anger management program, serve probation or complete community service. Even worse, jail could be part of that plea. All of this can be negotiated in some capacity. The stronger your potential case is and weaker the prosecution's, the more favorable the outcome will be as long as your New York criminal defense attorney has the ability to negotiate and advocate on your behalf. If you are arrested and charged with any degree of Assault in New York, including Assault in the Third Degree, consult with a New York criminal lawyer who can address your specific evidence and determine if fighting the case through trial, working out a deal or some other defense is the best thing for you.

A second entry dealing with other potential offers found in the New York Penal Law will be posted shortly. This second entry will deal with the more favorable and non-criminal dispositions including Disorderly Conduct, the Adjournment in Contemplation of Dismissal (ACD) and the Family Adjournment in Contemplation of Dismissal (ACD in the domestic context).

Crotty Saland PC represents the accused in Assault allegations and arrests throughout the New York City area, The former Manhattan prosecutors who started the criminal defense firm have successfully defended clients charged with Assault throughout the region (prior results do not guarantee future outcomes).

Extensive information on Assault crimes in New York can be found through the highlighted links. Moreover, extensive information on these an other crimes can be found on the website as well as the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) where you can find commentary on cases in the news, legal decisions and statutes found in the New York Penal Law.

While no two cases are the same, the New York criminal lawyers at Crotty Saland PC have extensive experience representing those accused of Criminal Possession of a Controlled Substance in the Seventh Degree (New York Penal Law 220.03). In fact, the founding partners at Crotty Saland PC have experience on both sides of the law. Prior to starting the firm, both of our founding New York criminal defense lawyers served as Assistant District Attorney's in the Manhattan District Attorney's Office where they prosecuted individuals for misdemeanor and felony drug possession and sale.

Whether you are arrested for possessing cocaine, heroin, crack, oxycodone or a "designer drug," often times the police will issue a New York Desk Appearance Ticket to first time offenders charging them with NY PL 220.03. An "A" misdemeanor, this offense is punishable by up to one year in jail. In the event you are arrested and given a Desk Appearance Ticket in Manhattan for possessing a controlled substance, you will be required to appear at either 100 Centre Street or Midtown Community Court at 314 West 54th Street. Regardless, the charges are the same as if you had been arrested and held overnight to see a judge. Do not be under the impression that a Desk Appearance Ticket for possessing a controlled substance (NY PL 220.03) is not a serious matter. If you do not appear in court as required, a bench warrant will likely be issued for your arrest.

Potential Offers for First Time Offenders in Manhattan Criminal Court

As noted above, no two cases are the same. Having said that, prosecutors in Manhattan (New York County) often have general guidelines that they follow in first time arrests for Criminal Possession of a Controlled Substance in the Seventh Degree (New York Penal Law 220.03). Assuming you in fact are a first time offender, you are not charged with Resisting Arrest, Obstruction of Governmental Administration, Tampering with Evidence for trying to destroy the drugs or any other offense, the likely offer will be a Disorderly Conduct pursuant to New York Penal Law 240.20. It is important to note, however, that Desk Appearance Tickets charge only one offense, but prosecutors can charge additional crimes when you are arraigned on a criminal complaint in court. Moreover, there may be other factors that come into play before a offer may be made, including, but not limited to, the potential weight of the drugs, whereby more investigation may needed. Not a crime, a plea to Disorderly Conduct will not give you a criminal record.

Although the above scenario for a first time offender charged with NY PL 220.03 sounds relatively good and would not give that person a criminal record, there are more profound ramifications beyond the criminal realm. Disorderly Conduct pleas are ultimately sealed. This means there should be no public record that someone could dig up on you by going to court. However, as a practical matter, a significant amount of these violations are not sealed or sealed improperly. As I have mentioned in the past, there has been at least one high profile lawsuit (there may be many more) involving New York State. The basis of that lawsuit was that a Disorderly Conduct and underlying arrest was revealed after an individual applied for and was denied a job at a department store.

In my own personal experience as a New York criminal defense attorney, I have received countless emails and phone calls from people who are concerned or distraught that an employer's background check revealed their Disorderly Conduct from years ago as well as their underlying misdemeanor arrest of Petit Larceny for shoplifting, Criminal Possession of a Forged Instrument for having a fake ID or Criminal Possession of a Controlled Substance for possessing drugs for personal use. Obviously, even though it is not a criminal disposition, accepting a Disorderly Conduct could be devastating to a college student with an open future or any individual who might be subject to a background check for employment or promotions such as a teacher, financial analyst or any other professional.

Beyond the reality that this Disorderly Conduct may be found out by those who are subject to background checks and certifications or professional licenses, those individuals who are not citizens also may have issues. Although a violation is not a "crime of moral terpitude," an immigration attorney can be consulted to discuss what ramifications a Disorderly Conduct may have on your current or future status in the United States.

If Not a Disorderly Conduct, Then What?

I generally advise my clients that in lieu of just accepting the prosecution's offer of a Disorderly Conduct, we should fight the case in an attempt to obtain an Adjournment in Contemplation of Dismissal (ACD). I say "generally," because no two cases are alike and each set of facts and evidence requires a unique analysis with the criminal defense attorney that you hire and consult with.

Assuming an ACD is attainable, the benefits far outweigh the benefits of a Disorderly Conduct with one major exception. The most significant benefit of an ACD over a Disorderly Conduct is that not only will the case be sealed, but it will be dismissed as well. Six months after the initial adjournment, the case, as a matter of law, will be dismissed. Only in limited circumstances will evidence or the fact of the arrest appear (discuss with your criminal defense attorney when the underlying arrest may be revealed). The problem for some people is the six month waiting period. A disorderly conduct is resolved upon the plea (and whatever conditions the court requires).

A Word (or Words) of Warning

As I keep on noting, and will continue to do so, no two cases are alike. While there are general guidelines that are often followed by prosecutors, there is no guarantee an offer will be made to you even if this is your first offense. Whether you are arrested and processed through the system or issued a Desk Appearance Ticket, consult with your counsel, identify a defense that will either challenge the evidence or mitigate your conduct and implement that defense to protect your future.

Founded by two former Manhattan prosecutors, Crotty Saland PC is a New York law firm focused on defending clients against criminal allegations. The New York criminal lawyers at Crotty Saland PC represent the accused throughout the New York City region.

Extensive information on Desk Appearance Tickets as well as New York Drug Crimes can be found through the associated links or on the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com) where legal analysis of criminal statutes, case decisions and newsworthy cases can be found.

Shoplifting in New York, from Manhattan to Brooklyn and the Bronx to Queens, is a crime routinely prosecuted by District Attorney's Offices throughout the New York City region. Surprisingly, while New York criminal defense lawyers regularly handle New York shoplifting cases (often prosecuted under New York Penal Law 155.25 - Petit Larceny or 165.40 - Criminal Possession of Stolen Property), the public is often ignorant of New York shoplifting laws. What are the potential crimes and collateral consequences of a shoplifting arrest or conviction? What is a New York shoplifting Desk Appearance Ticket and what are the court procedures? To help give those arrested for shoplifting a springboard to educate themselves on New York criminal law, Crotty Saland PC, a New York criminal defense firm founded by two former Manhattan prosecutors, has created a New York Shoplifting information page.

The New York Shoplifting information page is not a substitute for a consultation with or an analysis by your New York criminal lawyer. Instead, the New York Shoplifting information page addresses the the crimes of Petit Larceny (New York Penal Law 155.25), Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40) and the more serious felony crimes associated with shoplifting laws and crimes. Additionally, the New York Shoplifting information page contains links to other information pages relating to the arrest process in New York City (Manhattan, Brooklyn, Queens, etc.) and Desk Appearance Tickets that are often issued for shoplifting arrests. Beyond this, there are links to additional resources addressing shoplifting laws and the collateral consequences of any type of plea including those that do not result in a criminal record. For example, the collateral impact of a shoplifting arrest for a teacher, MBA graduate employed in finance or a physician may be significantly greater than a individual employed in an area where certifications or background checks are not required.

Whether you have been arrested, issued a Desk Appearance Ticket or merely want to learn about New York shoplifting laws, Crotty Saland PC's Shoplifting information page is a good source for legal decisions and an interpretation of that law. Further information, including criminal statutes, legal decisions and newsworthy cases, can be found on both the Shoplifting information page and the New York Criminal Lawyer Blog (NewYorkCriminalLawyerBlog.Com). Again, while it is no substitute for an analysis of your particular case, the information contained therein can address questions you might have while also providing you with the knowledge to have an educated conversation with your New York criminal lawyer.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors. Crotty Saland PC represents clients for Shoplifting arrests and Shoplifting Desk Appearances Tickets throughout the New York City region.

You were arrested or given a New York Desk Appearance Ticket in Manhattan, Brooklyn, Queens or anywhere else in the New York City region for shoplifting, Petit Larceny or Criminal Possession of Stolen Property (New York Penal Law sections 155.25 and 165.40). You are understandably concerned and upset. You contacted an experienced New York criminal defense lawyer because you are rightfully concerned about how this arrest will impact your future and you want to keep your record clean.

As you and your New York criminal defense attorney discuss the facts of your case you begin to get agitated about how you were treated. You, like many before, are upset that store security stopped, searched, questioned and even asked you to sign documents without answering your questions fully or advising you of your rights. Compounding matters, you felt threatened and compelled to sign these papers they put before you. Store security may have even rummaged through your personal belongings and bags. Is this OK? Were the security officers permitted to act in this manner? What about your rights?

Generally, a search or statement taken by a security guard is not suppressible. Unlike actions taken by the police, actions, albeit potentially rude or scary, taken by private security personnel of a store are not viewed by the law in the same manner. If the police stop, search and take a statement from you, the law requires that there be varying degrees of criminality and ultimately probable cause if you are arrested. Moreover, you must be advised of your rights before that statement is made if you are in custody and there is an interrogation. Otherwise, that evidence against you may not be used. You are not afforded these protections when a private store security guard does the same.

Despite the general rule listed above, one thing you may wish to discuss with your shoplifting criminal defense lawyer is whether or not the private security guard was acting as an arm of the state or law enforcement. If so, a State Action Hearing may be sought. While it is atypical for courts to find state action in a reactionary (as opposed to a "sting") shoplifting case, the Court of a Appeals, New York's highest court, found in People v. Ray, 65 N.Y.2d 282 (1985):

"For state action to exist, it must be demonstrated that official participation in the investigation at issue preceded, or occurred contemporaneously with, the signing or utterance of an inculpatory statement. For example, when police officers have actively participated in defendant's apprehension, exerted official power to restrain defendant, escorted defendant to the site of interrogation, and awaited the outcome of the privately conducted interrogation in close proximity to the place of questioning, a custodial atmosphere of the nature Miranda was designed to alleviate has been created. ( See, People v. Jones, 47 N.Y.2d 528, supra, 419 N.Y.S.2d 447, 393 N.E.2d 443.) Under circumstances where police participation precedes or occurs contemporaneously with the private elicitation of inculpatory evidence, so as to create a coercive, custodial environment with the reasonable potential of infringing defendant's privilege against compulsory incrimination, the Miranda safeguards must be observed."

The paragraph above should make it clear why there is no state action in most shoplifting cases. Unlike these factors, most police involvement occurs after you have been apprehended, questioned or searched by the store security officer. However, if the facts of your particular case are different, a State Action Hearing may be warranted. Even if it is not, it is critically important to discuss other potential hearings or issues to challenge your stop, arrest, search and statements as well as the evidence against you. Each case is unique and requires a equally unique analysis. While one line of defense may not work or be applicable in your case, a new door to a different one may be opened.

For extensive information on New York theft crimes, larceny and shoplifting, please follow the highlighted link to the Theft Offense section of Crotty Saland PC's New York Criminal Lawyer Blog. For additional information regarding Desk Appearance Tickets in Brooklyn, Manhattan and the New York City Area, please follow the respective link as well.

Founded by New York Criminal defense attorneys and former Manhattan prosecutors, Crotty Saland PC represents clients throughout the New York City region.

Make no mistake about it. If you "dine and dash," leave a Manhattan cab driver high and dry without paying, jump a turnstile in Brooklyn or even use cable without permission, you will be either arrested or issued a NY Desk Appearance Ticket (DAT) for Theft of Services pursuant to New York Penal Law 165.15. If you are a New York City teacher or or any other person using a student or senior MetroCard, you will will face the same charge as well. Assuming you did not have permission to receive the services without paying, the conversation you have regarding Theft of Services (NY PL 165.15) with your New York criminal defense attorney or lawyer will be fairly simple. Not a DNA case, this crime is often summed up as either a misunderstanding between you and the victim or the result of a plainly stupid move on your part. The problem is, regardless of whether you were issued a New York Desk Appearance Ticket or arrested, if you are convicted of Theft of Services you will have a criminal record that will not be expunged or merely go away.

Potential Punishment & Collateral Consequences of Theft of Services (NY Penal Law 165.15)

An "A" misdemeanor, a conviction for Theft of Services or any crime will result in a criminal record. Compounding matters, a conviction for this offense is punishable by up to one year in prison. Having said that, practical punishment and potential punishment are not one in the same. Assuming the Theft of Services allegations does not include other crimes such as New York Grand Larceny, for example, defrauding the cab driver out of $10 or the restaurant out of $30 will not likely land you behind bars. Without other compounding factors, jail is not a usual outcome in New York City.

The greater issue, and one which often compels people to consult with experienced criminal defense attorneys in New York, is what will happen if you plea to a violation and thereby avoid a criminal record. In other words, if the District Attorney's Office makes you an offer of a violation such as a Disorderly Conduct, is this a type of disposition that you should accept and, if so, are there any collateral consequences?

While each case is as unique as the individual accused of perpetrating the particular crime, collateral consequences can be devastating whether you are charged with Theft of Services (NY PL 165.15) in Queens, Shoplifting / Petit Larceny (NY PL 155.25) in Manhattan, Criminal Possession of a Forged Instrument (NY PL 170.20) in Brooklyn or any other offense. For example, are you required to report an arrest or a plea, of any type, to your employer? If so, what are the grounds for your dismissal? Must a conviction be that of a crime or will a violation also terminate your employment? Beyond your direct employer, are there certification or licensing requirements that require you to report a plea even if it is non criminal? If so, what, if anything, should you do?

Beyond the above mentioned issues, what will happen to your "record?" Will it remain blemish free and clean? While a plea to a Disorderly Conduct should be sealed, it is far from atypical to have these non criminal dispositions pop up on background checks. Not only is it possible that the violation will be revealed, but the underlying or original arrest charge of Theft of Services, Petit Larceny, Criminal Possession of a Forged Instrument or any other crime. The last thing anyone wants is to believe that the case has been resolved to later find out that their potential employer or licensing agency has found out about it and is questioning an arrest from years before.

While this blog entry is not a substitute for an in depth discussion with your New York criminal defense attorney, it should give you the foundation to have that conversation. Not only may you decide to discuss potential dispositions such as Disorderly Conduct, but the better option of an Adjournment in Contemplation of Dismissal. Moreover, there may be both legal and procedural ways to beat the case and a plea is not something you should consider pursuing.

For further information such as criminal statutes and the New York Penal Law, legal decisions, legal analysis and newsworthy cases dealing with the crimes of Theft of Services (NY PL 165.15), Petit Larceny (NY PL 155.25), Criminal Possession of a Forged Instrument (NY PL 170.20) and Desk Appearance Tickets, please review the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com and more specifically the topic areas of New York Theft Offenses, New York Fraud Related Offenses and New York Desk Appearance Tickets. Additional information can be found on the respective links for New York Desk Appearance Tickets and Criminal Possession of a Forged Instrument on the Crotty Saland PC webpage and new-york-lawyers.org.

The New York criminal defense lawyers and former Manhattan prosecutors at Crotty Saland PC represent individuals accused or and arrested for all crimes from Manhattan to Brooklyn, Queens to Westchester and the New York City region.

As a New York criminal defense attorney / lawyer and a former Manhattan prosecutor, I have heard both defendants and clients often assert the same defense when they are either arrested or issued a New York Desk Appearance Ticket for shoplifting (New York Penal Law 155.25 or 165.40) in Manhattan, Brooklyn or anywhere else in New York City. This argument usually centers around the fact that when they were arrested or stopped they had yet to leave the store. In other words, individuals charged with shoplifting will argue that their arrest was not merely premature, but baseless.

Criminal cases can essentially be broken down to issues of fact and issues of law. An issue of fact might be whether or not you passed by a cash register, where the items were allegedly concealed or what you said to security or the police when you were stopped. An issue of law is whether or not a complaint drafted against you is facially sufficient or whether that statement you made to the police was taken in violation of your rights. Regardless of the issue, whether it is fact or law, arguments made with prosecutors often follow.

Addressing the issue of your location when you were arrested can be viewed as an issue of fact and law. Factually, your conduct is critical to the legal analysis. As noted above, did you pass the cash register? Were you in the vestibule area? Where was the property allegedly concealed and what was it (a pair of shorts you put in your bag or 15 pairs of socks you stuffed into your purse)? Having noted your alleged conduct, how, if at all, does this comply with the legal decisions regarding one's non criminal conduct and shoplifting in New York. This is where the legal analysis kicks in.

A central case that address the law in the realm of shoplifting is People v. Olivo, 52 N.Y.2d 309 (1981). What the Court of Appeals looked at was whether or not one's conduct was consistent or inconsistent with the rights of the particular store owner and beyond the scope of how a particular shopper would behave. Would a shopper walk past a register after putting multiple items in a brief case? Would a shopper, even one who had not left the building, place items in his or her waist band or under a shirt? Another question is where and how far was the property taken before one was stopped. As noted by a lower court, the movement and transfer of property can be slight and brief. See People v. Rembert, 149 Misc. 2d 16 (NY Cty Sup. Ct. 1990). Again, factual allegations that need to be "fleshed out" so that they may be applied to issues of law.

Although the above facts were completely hypothetical, how does your conduct fall within the law? Were your actions consistent or inconsistent with the rights of a store owner and how are you alleged to have concealed the property? Where were you when you were arrested and what did you say when stopped? These, are all base level questions. Even assuming your actions established probable cause for your arrest and the prosecution can prove your guilt beyond a reasonable doubt, what factors can you offer to mitigate your conduct and get the best possible disposition from the case?

Whatever your conduct is alleged to be, but even more so if the value of the alleged stolen property is multiple hundreds of dollars as opposed to less than one hundred dollars, sit down with a New York criminal defense attorney experienced in shoplifting cases and Desk Appearance Tickets. Formulate a plan of attack and set that plan into motion. While you may think that your conduct is insignificant and you were merely issued a Desk Appearance Ticket, the reality of the situation is that this belief couldn't be further from the truth.

For further information on New York shoplifting laws (NY PL 155.25 and NY PL 165.40) as well as New York Desk Appearance Tickets, please follow the highlighted link. Additional information on New York Theft Crimes and Grand Larceny in New York may be found on the respective links. To read about recent legal decisions, various statutes in the New York Penal Law and cases in the news, please go to Crotty Saland PC's New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

Prior to starting the criminal practice, the New York criminal defense lawyers at Crotty Saland PC served as Manhattan prosecutors. Crotty Saland PC represents clients throughout the New York City region in all theft related crimes.

While there are bright and articulate people on all sides of the argument to legalize marijuana in New York State, as it stands now the law is clear. Possession of marijuana ("marihuana" in the New York Penal Law) is illegal. In New York City (Manhattan, Brooklyn, Bronx and Queens) as well as in Westchester County, possession of merely a joint can lead to an arrest or issuance of a Desk Appearance Ticket for Unlawful Possession of Marijuana (New York Penal Law 221.05), Criminal Possession of Marijuana in the Fifth Degree (New York Penal Law 221.10) or Criminal Possession of Marijuana in the Fourth Degree (New York Penal Law 221.15).

The issue for most people, however, is not whether possession is illegal or whether they will be issued a New York Desk Appearance Ticket or be put through the system. Instead, a question often asked to New York criminal defense attorneys is what is the potential punishment and, secondarily, how will this impact the accused's future. This first entry on this topic will address the violation and the misdemeanor crimes involving marijuana possession as well as the potential punishment associated with those offenses. A later entry will address the felony crimes involving the possession of marijuana.

Unlawful Possession of Marijuana (NY PL 221.05)

Unlawful Possession of Marijuana is perpetrated when one knowingly and unlawfully possesses marijuana. Often times the scenario where this offense is charged is where the marijuana is not burning or open to public view, but it is recovered from a pocket or similar location. A "violation," a conviction of this offense will not result in a criminal record. For a first time offender, a fine of no more than $100 will be levied as well as possible court costs.

Criminal Possession of Marijuana in the 5th Degree (NY PL 221.10)

One can be convicted of Criminal Possession of Marijuana in the 5th Degree when one possesses the marihuana in a public place and it is either burning or, alternatively, open to the view of the public. Moreover, even if the marijuana is not possessed as described, a conviction will be sustained if the aggregate weight is more than twenty-five grams but no more than two ounces.

A "B" misdemeanor, this crime is punishable by up to 90 days in jail.

Criminal Possession of Marijuana in the 4th Degree (NY PL 221.15)

A person will be found guilty of Criminal Possession of Marijuana in the 4th Degree if the prosecution proves beyond a reasonable doubt that you unlawfully and knowingly possessed marijuana with an aggregate weight exceeding two to eight ounces.

An "A" misdemeanor, this crime is punishable by up to one year in jail (Rikers Island or the Westchester County Jail).

It is important to note that mere possession and even an admission by the accused does not mean the accused should plead guilty or accept a criminal conviction. Often times there are multiple ways to fight these cases. For example, whether you were issued a Desk Appearance Ticket for marijuana possession or arrested for possessing the contraband, a Marijuana Adjournment in Contemplation of Dismissal (ACD) may be a potential way to resolve your case. Although it should be further discussed with your New York criminal defense lawyer, the case can be dismissed and sealed in year leaving you without a criminal record. Alternatively, if you are charged with Criminal Possession of Marijuana in the Fourth or Fifth Degrees and you are not eligible for a Marijuana ACD, a plea to the violation and a fine may be a way to avoid a criminal conviction.

Beyond the potential crimes and punishments, another important issue that should be addressed in these types of cases is how it came to be that you were stopped and searched by the police. Where did they recover the marijuana? Was it on your person? How did they get into your pockets? What was there probable cause? At bottom, was the search legal? It may be that conduct by the police was absolutely legitimate, but these issues are certainly areas that should be explored.

The above primer for marijuana misdemeanor crimes is just that...a primer. There are many substantive issues and concerns that should be addressed that are beyond the criminal case. Will this impact your certification or licensing? Will you have a record forever if convicted of these crimes? What about if you are only convicted of the violation? The list goes on.

For further information about New York Desk Appearance Tickets, please follow the highlighted link. For information on marijuana crimes, recent legal decisions, newsworthy cases and other offenses, please read the New York Criminal Lawyer Blog at NewYorkCriminalLawyerBlog.Com.

The New York criminal defense attorneys at Crotty Saland PC represent clients in all criminal matters throughout the New York City region. Prior to starting the firm, the founding partners served as prosecutors in the Manhattan District Attorney's Office.

You were either arrested and put through the arrest process or you were issued a Desk Appearance Ticket (DAT) for shoplifting (New York Penal Law 155.25 or 165.40) after store security stopped you with a pair of jeans hidden away in your bag at Macey's or some makeup buried in your pocket at Bloomingdales. Although you have never been in trouble before, you now face the grim reality that you need to consult with a criminal defense attorney regarding your shoplifting arrest or Desk Appearance Ticket (DAT) and the ramifications of the associated misdemeanor crimes.

Regardless of what you are alleged to have shoplifted (clothing, electronics, makeup, jewelry, etc.), the crimes you now face are misdemeanor offenses in New York as long as the value of the property stolen does not exceed $1000 (with some exceptions). That is right....whether the property was a $750 watch or a $5 pair of socks, the misdemeanor crimes of Petit Larceny (NY PL 155.25) or Criminal Possession of Stolen Property in the 5th Degree (NY PL 165.40) are the two charges you will be facing and addressing with your New York criminal defense lawyer. Make no mistake. The "shoplifting misdemeanors" are punishable by up to one year in jail and are just as serious under the law as misdemeanor Assault, Criminal Mischief and even Forgery.

According to New York Penal Law Section 155.25, a person is guilty of Petit Larceny when he steals property.

According to New York Penal Law Section 165.40, a person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impeded the recovery of an owner thereof.

Both of the above-mentioned crimes are misdemeanors punishable by up to one year in jail. Although jail in New York City is rarely associated with these crimes for first time offenders, the bigger issue is avoiding the criminal record at all. In Manhattan, for example, a common disposition is a 240.40 Disorderly Conduct if the theft is nominal, the accused has no record, the property was recovered, no resisting or violence was involved and there are other mitigating factors. While not a crime and "only" a violation, a college student, professional in any capacity or anyone who needs certification would want to consult with a criminal defense attorney about whether or not he or she should accept such a disposition assuming it is offered. A very real concern with this violation of the penal law as a plea bargain is that while it technically seals, Disorderly Conducts have been known to "pop" on a background check. Therefore, a future employer or anyone conducting a background check may find out years down the road that you were arrested and charged with a theft crime. Whether that means you are working on your masters degree to become a teacher, you are employed in finance or you not sure what job / career you will have five years from now, you do not want a Disorderly Conduct impacting your future. When this arrest is uncovered the record will not reflect that you were "merely" arrested or issued a Desk Appearance Ticket (DAT) for stealing a $10 bracelet, but that you were charged with Petit Larceny which, as noted above, can be a theft of any property $1000 or less.

Ultimately, if you are charged with Petit Larceny or Criminal Possession of Stolen Property due to a shoplifting arrest or Desk Appearance Ticket (DAT) in Manhattan, Brooklyn or anywhere else in New York City, consult with an experienced New York criminal defense attorney about whether you should accept a Disorderly Conduct if it is offered. Although each case must be assessed individually, it may be worth your time and effort fight the case to exonerate yourself completely or, in the alternative, seek to obtain an adjournment in contemplation of dismissal (ACD) whereby the case will be dismissed and sealed six months later.

For more information on Desk Appearance Ticket (DAT) go to new-york-lawyers.org.

For further information on shoplifting go to NYShopliftingLawyers.Com and search the blog for related materials.

Founded by two former Manhattan prosecutors who served under Robert Morgenthau, Crotty Saland PC is a Manhattan based criminal defense firm representing clients throughout New York City and the region.

The NY criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC have handled a significant number of Desk Appearance Tickets (DATs) and "pink" summonses for our clients. In Manhattan, these cases are often dealt with at 100 Centre Street, 346 Broadway ("pink" ticket / summons court) or at Midtown Community Court. Whether the summons or Desk Appearance Ticket (DAT) charges you with Shoplifting Petit Larceny (NY PL 155.25 or NY PL 165.40), Marijuana (NY PL 221.10), Drug Possession (NY PL 220.03), Theft of Services (NY PL 165.15), Assault (NY PL 120.00), Trespass (NY PL 140.10), or even Disorderly Conduct (NY PL 240.20), the ramifications of mishandling the Desk Appearance Ticket (DAT) is no different than if you were arrested, booked and put through the criminal justice system. That means, you can still end up with a criminal record even though you were merely given a "ticket" for a criminal act.

For the purpose of today's entry, I will discuss the differences between the potential Manhattan courts that deal with these charges. Again, a Desk Appearance Ticket (DAT) or "pink ticket" summons in Manhattan is returnable to 100 Centre Street, Midtown Community Court or 346 Broadway.

100 Centre Street

The criminal court building houses the majority of the criminal courts in Manhattan. This building is where cases are generally arraigned (where the judge informs you of the charges) and where an accused sees the judges over the course of their pending cases. Desk Appearance Tickets (DAT) in Manhattan are returnable here as well. On the first floor of 100 Centre Street are the arraignment courts. On the date you are to go to court to deal with your desk appearance ticket you should arrive no later than 9:00 am. After going through security, you will wait in the court or outside the courtroom if it is filled to capacity. Sometimes, due to the number of cases being arraigned, the wait can be hours before you see an attorney or the judge. For this reason, and others as well, it is important to retain an attorney ahead of time. Generally, this expedites the process significantly. For more information on 100 Centre Street, follow this link for earlier blog entry.

Midtown Community Court

Located at 314 West 54th Street between 8th and 9th Avenue, Midtown Community Court often handles quality of life crimes in the area of midtown such as Times Square. The closest subway station to Midtown Community Court is the 7th Avenue, B, D or E as well as the 50th Street C or E trains. The offenses prosecuted here are misdemeanors or violations and very often deal with non-violent crimes. Although not felonies, these crimes are still punishable by up to one year jail. Make no mistake, merely because you are being prosecuted in community court by no means make the case less significant. In fact, if the case is not resolved at your arraignment, it may be adjourned to 100 Centre Street. It is important to note that crimes involving Prostitution and Escort Services often remain in Midtown Community Court and are not transferred to 100 Centre Street.

Unlike 100 Centre Street, Midtown Community Court has one court room. Although just as formal, there are significantly less cases prosecuted here and the atmosphere is not as overwhelming. That being said, if your Desk Appearance Ticket (DAT) requires your appearance at 9:30 am, get to court by 9 am because the line to get in often extends outside the building. Moreover, once inside, you will be screened and walk through a metal detector.

In addition to misdemeanors, Midtown Community Court also handles "pink ticket" summonses. Often times these cases are resolved with a fine, community service, a quality of life program or a combination of these sentences.

346 Broadway

Located at - you guessed it - 346 Broadway, the summons court handles most "pink ticket" summonses issued by the police. This court is located between Lafayette Street and Broadway. The entrance is on Leonard Street. The closest subway station is the 6 at Canal Street and the 4,5 or 6 train at Brooklyn Bridge / City Hall. Additionally, the 1 train at Franklin Street, the A or C at Chambers Street or the R or W at City Hall are relatively close. As noted above, if your case is scheduled for 9:30 am, get online by 9:00 am. Not only can the line to go through security extend around the side of the building, once inside, you must go to the second floor and wait on another line. This line is often 25 to 50 people long. When you are done waiting, you turn in your ticket to a clerk who will advise you which court room on the second floor to go to. Because these courtrooms are small, if you are not there early there is a chance you will have to wait in the hallway as there will be no seating.

Like all of the other courts, if you cannot afford counsel one will be provided for you. Having your own counsel, however, often significantly expedites the process. Regardless, each case is handled the same at 346 Broadway as there is no prosecutor, but a retired judge who presides over the cases. These judges are judicial hearing officers who do not necessarily follow the guidelines for similar prosecutions at 100 Centre Street or Midtown Community Court. However, if you and your criminal defense attorney believe your criminal case is being treated unfairly or differently, a request can be made to have that case transferred to 100 Centre Street. This can be discussed with your counsel and may be advisable if the case cannot be resolved appropriately at 346 Broadway.

Although merely a snapshot into the different Manhattan courts, this entry addresses questions often raised by those unfamiliar with the courts. For further information or to educate yourself on Desk Appearance Tickets (DAT) or a summons, check new-york-lawyers.org regularly for updates to the blog.

Founded by two criminal defense attorneys who previously served as prosecutors in the Manhattan District Attorney's Office, Crotty Saland PC represents clients throughout the New York City region.