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| Topic | I got arrested. Have some questions... |
| The Great Muta 22 04/24/17 3:29:26 PM #34: | DesertPenguin09 posted... https://www.avvo.com/legal-answers/how-likely-is-it-for-me-to-get-my--pl-221-10-01-ch-838355.html Specifically this: A "D.A.T."stands for Desk Appearance Ticket. When a person is charged with a low level Misdemeanor such as Criminal Possession of Marihuana in the 5th Degree and it is his first arrest, the arresting officer officer may either arrest the person until the arraignment, which can take between 24 to 48 hours, or issue a DAT directing him to appear in Criminal Court on a future date, time and place for the Arraignment. In this case, the officer used his discretion to give you a DAT instead of putting you through the system of the Corrections Department, because you probably were able to provide him with a valid identification to verify your identity. Section 221.10(1) under the Penal Law is Criminal Possession of Marihuana in the 5th Degree. This is a classified B misdemeanor, and technically can give a person a criminal record if he or she pleads guilty to the arrest charge. This charge and the set of circumstances in your case, however, are generally resolved through plea negotiations early in the prosecution and often at the arraignment on the first day when you appear in court to hear the formal charge by the District Attorney. Because you have had no trouble with the law or had no prior arrests, the arraignment judge will consider a Marihuana ACD by the application or motion of the defense attorney. It's not automatic. A Marihuana ACD means that the case will be dismissed and sealed so long as you have no more arrests with the criminal justice system for a period of one year. If there is a subsequent arrest or DAT within the year, the District Attorney has the discretion to add the case back on the calendar and continue with the prosecution of the case. If there is no new arrest (don't worry about traffic tickets), then the case will dismissed and sealed. Accepting a Marihuana ACD is not a plea of guilty and the one year term is not probation. It is important to note that Marihuana ACDs are offered one time only. You get only one bite of the apple. A subsequent arrest after one year when the case is dismissed will not entitle you to another Marihuana ACD. Do you need to hire a private attorney? The court will provide a free attorney at the Arraignment. Whenever a person is charged with a crime and a record is at stake that can affect employment opportunities in the future, housing and one's reputation it is always better to hire a private attorney who can bring a quick resolution and provide you the service and attention that you deserve. I hope this helps! ... Copied to Clipboard! |
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