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Desk Appearance Ticket and Attorney Question

Brooklyn, NY |

This is for Kings County, Will it be a problem if I appear for my first appearance on time (9:30am on the DAT) but my attorney appears around 11am-12pm? My concern is what if a bench warrant is issued? Technically I am there on time but my attorney has not arrived, what can possibly happen?

This is for the Criminal Court in Brooklyn

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Attorney answers 4


Speak with your attorney, normally attorneys may run a little late or may be in several parts om the same building. If you are in the right room at the proper time let them know your attorney is running late, then there is no bench warrant since you are there. The warrant relates to you being there not your attorney. Your attorney can submit an affirmation of unavailability if they are not going to be there or they have a previous engagement. In short speak with your attorney. Your fact pattern should not be a problem.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Mr. Lutzky's advise is perfect. The chances of the case being called at 9.30 is slim. If they call the case before your attorney is there. Stand up , and say, "I'm here, I'm waiting for my attorney Mr./Ms ____________." They will push you further back.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -


A warrant will not issue if you appear on time. If your name is called just state that you are waiting for your attorney.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


They won't issue a bench warrant without calling your name (case). Typically the cases are called in the order that they are signed in by the attorneys. When you hand your DAT ticket into the court officers, just tell them that you are awaiting private counsel and they won't call you before the lawyer gets there.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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