New York Criminal Attorney Blog

In New York, where a police officer has arrested a person but has decided to issue that person an appearance ticket instead of bringing that person before a judge, the arrested person may be required to post pre-arraignment bail. The bail is forfeited if the person fails to appear as instructed in the appearance ticket. [CPL 150.30(1)].

Pre-arraignment bail (sometimes referred to as “stationhouse” bail) is fixed by the desk officer in charge at any police station/headquarters or the county jail or any of the desk officer’s superior officers as follows:
• For an E felony – up to $750.00;

• For an A misdemeanor – up to $500.00;

• For a B misdemeanor – up to $250.00;

• For a petty offense – up to $100.00

See CPL 150.30(2)

New York Police Agencies May Have A Policy Requiring Formal Arrest And The Posting
Of Bail Prior to Issuing Appearance Ticket Where Defendant Does Not Have Identification

A police officer can issue an appearance ticket to a person without formally arresting that person. For example, an officer who stops a person for the unclassified misdemeanor of reckless driving (VTL 1212) can issue that person an appearance ticket at the scene just as if the person was stopped for speeding or some other offense. In such a situation the person avoids an arrest record; is not handcuffed and transported to the police station; he is not printed or photographed and his car is not impounded.

However, the police officer has the discretion to formally arrest the person, impound his car, transport him to the police station, print and photograph him (if required), require the posting of bail and then issue the defendant an appearance ticket in connection with the reckless driving charge.

If the person does not have identification, some police agencies have policies in place that require the police officer to arrest that person, transport him to police headquarters, process him and require him to post bail even though the law does not require the posting of bail in such circumstances. See e.g. People v. Taylor, 294 A.D.2d 825 (4th Dept. 2002)(describing City of Hornell Police Department’s policy of arresting defendants to obtain pre-arraignment bail before issuing defendant an appearance ticket).

Pre-Arraignment Bail – Payment By Credit Card [CPL 150.30(4)]

The Chief Administrator of the courts in New York is required to develop a system for the posting of pre-arraignment bail on appearance tickets by credit card. [NY Jud. Law 212; CPL 150.30(4)]. However, police departments in New York are not required to participate in the system developed by the Chief Administrator for the payment of pre-arraignment bail by credit card; it is optional. [CPL 150.30(4)]. If you need to post pre-arraignment bail on an appearance ticket and you don’t have the required cash, you should ask if the particular police agency that has arrested you accepts credit cards for the posting of pre-arraignment bail.

For more information, feel free to contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com. More detailed information can be found in our book “Appearance Tickets in New York” available at Amazon.com.

If the police crash through your front-door at 6:00 a.m. in full paramilitary ninja outfits like Seal Team 6; drag you out of bed with assault weapons jammed in your temple; handcuff you and then proceed to tear up your house before realizing you live at 639 Main Street and the warrant is for 693 Main Street, you are most likely in custody. You couldn’t just get up and head out for your morning jog. However, if the police simply want to serve you with an appearance ticket at your home for leaving the scene of an accident or some other traffic infraction mystery they diligently investigated; you would not be in custody when they show up in the same paramilitary ninja outfits.

It does not constitute an arrest where the police decide to issue an appearance ticket to a person in a situation that does not require them to stop and seize that person. For example, in Angel v. Kasson, 581 F Supp 170 (N.D.N.Y 1983) after conducting an investigation into the death of an infant, the police decided to charge the parents with Endangering the Welfare of a Child. Id. at 174.

However, instead of formally arresting the parents, the police traveled to their home and served them with appearance tickets directing them to appear in court on a specific date to answer charges of endangering the welfare of a child. Id. The parents weren’t stopped while walking on the street or driving their car, detained and searched.

At the recommendation of the district attorney, the court dismissed the charges against the parents “in the interests of justice.” Id. at 175. Thereafter, the parents filed a federal civil rights action against the police under 42 USC 1983 alleging, among other claims, false arrest. In finding in favor of the defendant police officers on the false arrest claim, the district court held that it is “well settled that the issuance of such tickets under the provisions of [CPR Art. 150] does not constitute an arrest.” Id. at 177-178.

The problem is that it’s not exactly “well settled” that the issuance of an appearance ticket does not constitute an arrest. To the contrary, the NYC Criminal Court has held that the detention of a person for the purpose of issuing that person an appearance ticket amounts to an “arrest situation”. People v. Hazelwood, 104 Misc.2d 1121, 1123 (N.Y. City Crim. Ct. 1980).
For more information, feel free to contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com. More detailed information can be found in our book “Appearance Tickets in New York” available at Amazon.com.

If you’re stopped by the police in New York (Greenburgh, White Plains, Harrison, etc) for a traffic infraction such as speeding, should the police read you your “rights” prior to questioning you about where you coming from, if you had anything to drink or if you knew why you were stopped? When a person is arrested they lose certain rights. For example, when one is arrested, they lose their right to liberty and they are subject to a warrantless search incident to their arrest. In fact, a search incident to a lawful arrest is one of the many exceptions to the search warrant requirement.

However, while a person loses certain rights when they are arrested, they also obtain certain rights once they are arrested. For example, before the police can question a person who has been arrested they must read that person their “rights” – the police must “Mirandize” an arrested person before questioning.

There is absolutely no doubt that Uniform Traffic Tickets or Simplified Traffic Informations are also appearance tickets. See e.g., People v. Tyler, 1 N.Y.3d 493 (2004)(speeding ticket deemed an appearance ticket); People v. Hollinger, 15 Misc. 3d 130A (App. Term 2nd Dept. 2007)(The front of the uniform traffic tickets directed defendant to appear in the Justice Court of the Village of Old Westbury on September 18, 2003, thus serving as an “appearance ticket” under CPL 150.10); Farkas v. State, 96 Misc. 2d 784, 787 fn 1 (N.Y. Ct. Cl. 1978)(Appearance ticket includes, by definition, uniform traffic tickets); People v. Litean, 2008 N.Y. Misc. LEXIS 5475, 240 N.Y.L.J. 33 (N.Y. Sup. Ct. 2008)(“A summons requiring a defendant to appear in court is the equivalent of a desk appearance ticket . . .”); People v. Genovese, 156 Misc. 2d 569, 571 (J. Ct. 1992)(“the yellow copy of the simplified traffic information is an appearance ticket as defined by CPL 150.10”).

Since People v. Hazelwood, 104 Misc.2d 1121, 1123 (N.Y. City Crim. Ct. 1980) held that the detention of a person by the police for the purpose of issuing such person an appearance ticket creates an “arrest situation” justifying a search of such person just as if they had been formally arrested, doesn’t it follow that the police would have to Mirandize this so-called “arrested” person before questioning them? Why should the police get the benefit of deeming the person “arrested” so they can search them but not allow this “arrested” person the benefit of his Miranda rights just like any other arrested person?

One stopped by the police is clearly not free to go. In People v. Wallgren, 2011 NY Slip Op 51556U, (N.Y. County Ct. Aug. 16, 2011) the police officers testified at the probable cause hearing that defendant’s vehicle was driving erratically and they stopped it only to check on the driver’s “welfare.” However, as observed by the court, the officers were not concerned about the driver’s welfare but instead immediately launched into a DWI investigation:
Notwithstanding both officers’ testimony regarding the welfare
check, Officer Einsfeld, upon approaching the driver’s window,
asked whether the defendant was drinking prior to driving, where
the defendant came from and where the defendant was going.
These questions were clearly indicative of a DWI investigation,
not a welfare check and are designed to solicit incriminating
evidence from a motorist.

Furthermore, the police admitted that “when a police officer activates the police lights, the person is supposed to stop and is not free to leave until the police speak with the person.” Id. The court therefore concluded that the police testimony established that the defendant was in custody from the very inception of the defendant’s encounter with the police: “By [Officer Einsfeld’s] testimony alone the custodial status of the defendant from the very inception was admitted by the police.” Id.

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