New York Criminal Attorney Blog

In New York, for certain minor offenses, such as speeding, misdemeanor drug offenses or Leaving the Scene of an Accident the police (or other authorized public servant) can issue and serve a person an appearance ticket in lieu of arrest or, if they arrest the person, they can issue an appearance ticket to the person at the police station instead of putting the person through the system to see a judge. [See NY CPL Art. 150].
Typically an appearance ticket says “Appearance Ticket” or “Desk Appearance Ticket” across the top. The appearance ticket must be signed by the a police officer or other authorized public servant, it must name the defendant and direct him to appear in a designated court on certain date and time in connection with the alleged offense. [CPL 150.10(1)].
However, an appearance ticket, or desk appearance ticket, doesn’t have to conform to any particular form or style. So long as the document given to a person contains the information required of an appearance ticket and is properly signed, it can be an appearance ticket.
The most common type of appearance ticket is not even titled or called an appearance ticket. Almost everyone who drives has at one point received a ticket from a police officer. While not called an appearance ticket, the basic uniform traffic ticket or simplified traffic information is legally an appearance ticket. It contains all of the information required to be in an appearance ticket and is supposed to be signed by the officer. A speeding ticket for example, is usually issued in lieu of arrest, it tells the person what court they have to go to, what date and what time and the officer signs it. People v. Tyler, 1 N.Y.3d 493 (2004)(speeding ticket deemed an appearance ticket).
If you have been issued an appearance ticket for any offense, feel free to contact Tilem & Campbell toll free at 1-877-377-8666

In New York, where a police officer issues a defendant an appearance ticket for a crime such as Reckless Driving or Possession of Marihuana directing that defendant is to appear in a local criminal court on a future date, the police officer is supposed to file, or cause to be filed a sufficient accusatory instrument (the “paperwork”) with that local criminal court before the defendant’s appearance. [See CPL Art. 150].
In some cases, the police officer fails to file the required sufficient accusatory instrument in a timely manner. In many small city, village or town courts a defendant might wait all day (or night) for his “paperwork.” In some bigger jurisdictions such as New York City, the court will give the defendant a notice acknowledging his appearance in court and informing him of a new date or that the court will send him a new date.
However, the local criminal court can dismiss the appearance ticket where a defendant appears in court as directed in an appearance ticket but no accusatory instrument has been filed by the officer as required by CPL 150.50(1). In Snead v. Aegis Secur., Inc., 105 A.D.2d 1059 (4th Dept. 1984), the Rochester City Court had dismissed an appearance ticket in an underlying, related criminal action against Robert Snead because an accusatory instrument had not yet been filed before Snead appeared in that court as directed in the appearance ticket. In Snead, the city court dismissed the very day the defendant appeared as instructed. The city court didn’t make him wait for hours or give him a new date. The city court did what all courts should be doing; it held the police accountable to the law.
For more information about this and other New York Criminal law issues, please contact Tilem & Campbell toll free 1-877-377-8666 or visit us at www.tilemandcampbell.com.

In New York, a police officer can issue a defendant an appearance ticket also referred to as a "Desk Appearance Ticket" or "DAT" instead of formally arresting that defendant where the charge is a non-criminal offense, a misdemeanor or most E felonies. CPL 150.20(1). Before the defendant appears in court as instructed in the appearance ticket, the police officer is supposed to file a sufficient accusatory instrument (the “paperwork”) with the particular court. CPL 150.50(1).
Sometimes the police officer doesn’t file the accusatory instrument in a timely manner and when the defendant arrives in court as instructed in his appearance ticket he learns that his “paperwork” is not ready. In some jurisdictions the defendant might sit around all day waiting for his “paperwork” while in others the court will give the defendant a notice acknowledging his appearance and giving him a new date.
When this happens, while the action against the defendant is deemed “commenced,” [CPL 30.30(5)(b); People v. Stirrup, 91 N.Y.2d 434 (1998)], the court does not obtain jurisdiction over the defendant. A court cannot obtain jurisdiction over a defendant until an accusatory instrument is filed against that defendant. Therefore, the court cannot arraign the defendant nor can it issue an arrest warrant for a defendant who fails to appear in response to an appearance ticket until an accusatory instrument has been filed against that defendant. See People v. Stirrup, 91 N.Y.2d 434, 439 (1998)(court may not arraign a defendant who voluntarily answers an appearance ticket, where no accusatory instrument has been filed; nor may a court issue a warrant of arrest to secure the presence of a defendant to answer the appearance ticket, in the absence of an accusatory instrument).
For more information about this or any other criminal law matter, feel free to contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com.

In New York, in cases involving non-criminal offenses (violations), misdemeanors and most E felonies, instead of formally arresting the defendant, the police can issue that defendant an appearance ticket directing him to appear in a designated local criminal court on a designated date and at a designated time. [See NY CPL Art. 150].
The date the defendant is instructed to appear in court is referred to as the “return date.” Before, the return date, the officer who issued the appearance ticket is supposed to file or cause to be filed, a sufficient accusatory instrument (the formal papers charging the defendant) with the local criminal court the defendant is supposed to appear in. CPL 150.50(1)].
Sometimes the defendant appears at court as instructed in the appearance ticket only to learn that the accusatory instrument has not been filed (i.e., his “paperwork” is not there). When this happens in some smaller city courts and in the town and village courts, the defendant can spend the whole day waiting for his “paperwork.” In New York City, however, the court will usually give the defendant a notice acknowledging the defendant appeared as instructed in the appearance ticket and either informing him of a new date or that he will receive a new date in the mail.
When a defendant appears in a local criminal court as instructed in the appearance ticket and the accusatory instrument has not been filed as required (i.e., his “paperwork” is not there), the criminal action against the defendant is deemed commenced that day. The commencement date is a critical date for speedy trial purposes. In New York, the prosecution must be ready for trial within a certain time period, which varies depending on the level of the offense. [See NY CPL Art. 30].
The day the criminal action commences is the day the speedy trial clock starts running against the prosecution. Therefore, where a defendant has been issued an appearance ticket, the criminal action commences, thus starting the speedy trial clock, when the defendant first appears in the local criminal court on the date designated in the appearance ticket even if the accusatory instrument has not yet been filed and he is instructed to come back at a later date.
This is set forth in CPL 30.30(5)(b) which states: “where a defendant has been served with an appearance ticket, the criminal action must be deemed to have commenced on the date the defendant first appears in a local criminal court in response to the ticket.” See also People v. Stirrup, 91 N.Y.2d 434, 439 (1998)(“Once a defendant appears in response to a DAT, the criminal action is deemed commenced for ready-trial purposes”).
For more information about this or any other criminal law matter feel free to contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com.

New York VTL §600 requires that anyone operating a vehicle who is involved in an incident involving that vehicle that knows or has reason to know that damage was caused to property or injury was caused to a person to stop and exhibit their information at the scene of the incident. The question is exactly what do you exhibit? What must you show and What information must be exchanged in order to avoid being charged with Leaving the Scene of an Incident in New York.

New York Vehicle and Traffic Law §600 clearly defines which information must be exchanged, as follows:
1. Name,
2. Address, including number and street,
3. Insurance carrier
4. Insurance identification information including the number and effective dates, and
5. License number

In addition, the statute requires you to physically exhibit your insurance identification card and driver's license.

In the event of injury to a person you are not only required to exchange the information with the injured person but also to report the incident to the police "as soon as physically able."

By following these procedures, a motorist should be able to avoid a serious charge for Leaving the Scene of an Accident or Incident. If you have any questions about these procedures, contact the law firm of Tilem & Campbell for more information.

New York criminal law firm Tilem & Campbell has just added a new Leaving the Scene of an Accident page to its already extensive website.

Leaving the Scene on an Incident (as its called in New York Vehicle & Traffic Law §600) cases in New York can be among the most serious cases faces drivers since Leaving the Scene of an Accident involving Serious Physical Injury or Death can result in felony charges. This is true even if the accident or incident was not the operator's fault. If the incident involves a death the operator faces a 7 year prison sentence upon conviction for a class "D" felony and if the incident involves serious physical injury but not death the driver faces up to four years in prison upon conviction for a class "E" felony.

Even Leaving the Scene involving a minor injury can result in a misdemeanor criminal charge and a jail sentence of up to a year and leaving the scene involving property damage can result in a conviction for a traffic infraction and three points on your license.

In a future blog will discuss what information must be exchanged in order to avoid a charge of Leaving the Scene of an Incident.

If you or a loved one has been charged with or is suspected of Leaving the Scene of an Incident (or Accident) contact one of our experienced criminal defense lawyers to discuss your rights and options.