Quiz
CPL 400-430
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Questions in this quiz (30)
1Before pronouncing sentence, the court must hold one or more pre-sentence conferences
- ATrue
- BFalse
2A person convicted of a violent felony offense after having been previously convicted of a violent felony is known as a ___
- ASecond violent felony offender
- Ban aggravated criminal
- Ca violent felony offender
3Hearing to determine whether a person was convicted previously of a predicate felony is without a jury and finding must be based on preponderance of the evidence
- ATrue
- BFalse
4Order directing hearing to determine of person should be sentenced as persistent felony offender must be filed with court (and hearing date must be not less than __ days from date the order was filed)
- A10
- B20
- C30
- D60
5When a defendant is found guilty of murder in the first degree, the court must promptly conduct a hearing to determine whether defendant shall be sentenced to death or life imprisonment without parole.
- ATrue
- BFalse
6If court sets aside a sentence of death, court must allow 10 days for people to appeal. The taking of an appeal by the people stays any new sentencing proceeding
- ATrue
- BFalse
7Persistent violent felony offender is a person convicted of violent felonies and previously convicted of:
- AA predicate violent felony
- Btwo or more predicate violent felonies
- Ctwo or more felonies
- Dthree or more felonies
8Which of the following regarding pre-sentence conferences is false?
- ACourt must hold one or more pre-sentence conferences
- Bconference may be held in absence of defendant
- Ccourt may conduct summary proceeding on matter relating to sentencing
- Dconference must be held in open court or chambers
9Defendant must be present if court relaxes or eliminates on of the conditions of probation
- ATrue
- BFalse
10When the court relaxes the conditions of probation and the defendant is not present, the court must notify the defendant within __ days of such modification
- A10
- B20
- C30
- D40
11A person on probation is in legal custody of [blank_start]____[blank_end] and under supervision of [blank_start]___[blank_end]
- Athe court
- BDCJS
- Ca secure facility
- Dthe DA
- Ethe probation department
- FDCJS
- Gthe corporate counsel
12The court may NOT revoke a sentence of probation unless: (2 requirements)
- Ait finds defendant violated conditions
- Bit has given the defendant an opportunity to be heard
- Cthe defendant has been doing well on probation
- Da charge is reduced or dismissed
13Court may at any time terminate a period of conditional discharge or probation other than
- Alifetime probation
- Bprobation over 12 months
- Cprobation that resulted from a class A felony
14Defendant must be present where the court:
- Arelaxes conditions of conditional discharge
- Bmodifies any condition of probation
- Crelaxes condition of conditional discharge or probation
- Denlarges any condition of probation
15Choose the best answer: The court may not revoke a sentence of probation or conditional discharge unless:
- Aa court found defendant has not violated condition
- Bdefendant has had an opportunity to be heard
- CBoth of the other options
16Which of the following regarding a hearing on violations is false?
- Ahearing must be a summary one
- Bhearing must be with a jury
- Cdefendant may present evidence in his own behalf
- Dfinding must be based upon a preponderance of the evidence
17In sentence of probation or conditional discharge commission of another offense (other than traffic infraction):
- Aconstitutes grounds for revocation of sentence in any case
- Bconstitutes grounds for revocation of sentence only if so specified as a condition of sentence
- Cconstitutes grounds for relaxation of conditions
- Dnone of the above
18Failure to pay a fine for felony: additional sentence is up to:
- A1 year
- B2 years
- C3 years
19Failure to pay a fine for a misdemeanor: additional sentence is up to __
- A1/3 of authorized sentence
- B2/3 of authorized sentence
- C3/4 of authorized sentence
20Failure to pay a fine for a petty offense: additional sentence is up to ___
- A5 days
- B10 days
- C15 days
- D30 days
21where sentence is imprisonment as well as a fine, restitution or reparation is imposed, aggregate of the period and the term of the sentence may NOT exceed ___
- Amaximum authorized term of imprisonment
- B50 years
- C20 years
- D30 years
22When must a corporation pay its fine?
- Aat the time sentence is imposed
- Bat any time, not to exceed 2 years
- Cwithin 60 days
23If corporation does not pay its fine, fine may be collected in like manner as a civil judgment. Where a sentence of imprisonment as well as a fine, restitution or reparation is imposed, the aggregate period and the term of the sentence may not exceed:
- A1 year
- Bmaximum term of imprisonment
- C5 years
- Dnone of the above
24A fine, restitution, or repartition imposed upon a corporation must be paid:
- Aat the time sentence is imposed
- Bwithin 30 days after imposition of fine
- Cwithin one year after imposition of fine
- Dwithin 45 days of imposition of the fine
25Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:
- Afelony-1 year
- Bpetty offense-15 days
- Cmisdemeanor- 1/3 maximum authorized sentence
- Dviolation- 30 days
26if a defendant does not pay a court imposed fine, additional imprisonment:
- Afor a petty offense is up to 15 days
- Bfor a misdemeanor, is up to one third of maximum authorized sentence
- Cfor a felony is up to 2 years
27Except where authorized by law, a duly and lawfully imposed sentence of imprisonment may NOT be charge suspended or interrupted once term or period of sentence has commenced
- ATrue
- BFalse
28In case of an INDETERMINATE or DETERMINATE sentence commitment must be to ____
- Acommissioner of corrections and cummunity supervision
- Bthe DCJS
- Ca sheriff
29Choose the best answer: In the case of an indeterminate or determinate sentence, commitment must be to:
- Athe county jail or department of corrections, if the city has a correction department
- Bthe state department of correctional services
30A sentence duly imposed may not be ___ once the term of period of the sentence has commenced,
- Achanged
- Bsuspended
- Cinterrupted
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- User has deleted their subject information Quiz on CPL 400-430, created by Deleted user on 26/10/2024.
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- Created on 26 Oct 2024 · updated on 26 Oct 2024
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