Legal Question in Criminal Law in New York

Getting An Earlier Date on a D.A.T

I was arrested Dec.7 2007 in Queens and was given a DAT scheduled for Mar. 10 2008. The problem I am having is that I work for the State of New York as a teacher's aid dealing with phyiscally and developmentally challenged children and now unable to work until I receive a Diposition of Conviction for the court.

If possible, how can I move my scheduled DAT to an earlier date and see a judge?


Asked on 12/17/07, 9:07 pm

4 Answers from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Getting An Earlier Date on a D.A.T

Generally, a teacher licensed by the State of New York is bound by special reporting duties upon arrest and is subject to a range of disciplinary actions. Those are separate and apart from the potential consequences you face relating to the alleged underlying criminal offense.

You did not state what you are being charged with (typically it is shoplifting), and your career could be at stake. Therefore, I strongly suggest you retain legal counsel to act on your behalf with the DOE and the court.

Advancing a DAT is not always possible. You can try the Clerk's office and ask. Otherwise an attorney may be able to help but it is not always possible and much depends on the court you are in.

If you require further assistance feel free to contact me for a complimentary consultation.

This is not legal advice. It is for informational purposes only. No attorney/client relationship exists.

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Answered on 12/17/07, 10:11 pm
Joel Salinger Law Office of Joel R. Salinger

Re: Getting An Earlier Date on a D.A.T

A DAT is the same as an arrest and in very limited cases can be advanced. It is rare that a pro-se defendant can advance the date of a DAT or any arraignment and a very complelling reason is required when an attorney requests it as well.

If I can be of any assistance, you can contact me at 516.746.4747 or at [email protected].

Joel R. Salinger, Esq.

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Answered on 12/17/07, 11:40 pm

Re: Getting An Earlier Date on a D.A.T

It is not easy but possibly could be done. It depends if the police officer has prepared the court paperwork and if the DA's Office is willing to do it. I am a former Assistant DA in Queens County. If you retained me I might be able to convince someone I know to get the case advanced but I can't make any guarantees.

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Answered on 12/18/07, 7:28 am
James Kats James S. Kats, Esq.

Re: Getting An Earlier Date on a D.A.T

Your attorney can contact the ADA assigned to the case; the ADA can change the date through the court. This should not be a problem, as it's done all the time in misdemeanor cases.

James S. Kats, Esq. www.lawjsk.com

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Answered on 12/18/07, 10:43 am


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