Legal Question in Criminal Law in New York

Arraignment or DAT?

I was recently caught shoplifting items worth $22.80 at a grocery store. The police were called but no arrest was made. Instead the officers wrote me a summons to appear in court any time before Feb. 6. The summons is written on a yellow traffic ticket (which seems odd) ''in violation of penal law 8 section 240.45.'' The ticket says nothing of theft nor does 240.45 when I looked it up online. When I go to court will it be an arraignment or is this just a desk appearance? Can I just plead guilty and pay a fine or does this count as a misdemeanor even though the ticket doesn't say anything about shoplifting? I'm very confused, regretful, and scared.


Asked on 12/07/08, 1:41 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Arraignment or DAT?

On a charge like this you do not have to be arrested in the technical sense of the term, being issued an appearance ticket is the actual equivalent, without the physical custody, you must appear in court in order tio be arraigned next...

While a desk appearance ticket is to some degree a misnomer, you do not appear before an officer or anything along those lines, you appear before a judge for arraignment...

Much luck, our office is availlable for such cases. You may reach us at 212.709.8303 during normal business hours or 877.229.3394 after hours, and selecting to speak to me carlos gonzalez

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Answered on 12/07/08, 1:50 pm


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