Flashcards
CPL 530 Orders of recognizance or bail
Flashcards do conjunto (32)
- 1CPL 530.11 Every police/peace officer, Da, investigating a family offense shall advise the victim of availability of shelters, or other services, what 4 languages must these advisories be in?1. english
2. spanish
3. chinese
4. russian - 2CPL 530.11 OP can last up to __ years from the date of conviction8 years
- 3CPL 530.11 OP can last up to ___ years from the expiration of determination or indeterminate sentence imposed for a felony8 years
- 4CPL 530.11 OP can last up to __ years after date of conviction for a Class A misdemeanor5 years
- 5CPL 530.11 OP can last up to __ years from the date of conviction for any other offensesup to 2 years
- 6CPL 530.14 the defendant has the right to a hearing regarding any revocation, suspension, ineligibility or surrender order. If the court issues the order (including revocation or suspension of firearms) before the hearing, the hearing must be done within __ days14 days
- 7CPL 530.20 if defendant is charged by felony complaint with a felony, court MAY commit defendant to custody of sheriff, or order recognizance, release under non-monetary condition or bail except in what 2 situations?1. city, village, or town court CANNOT order bail if defendant is charged with Class A felony or
2. defendant has two prior felony convictions - 8CPL 530.20 no local criminal court can order recognizance or bail with respect to defendant charged with felonies unless and until what 3 situations?1. DA has notice and given opportunity to be heard
2. the DA, he/she does not show after reasonable notice, or he waives his right to appear
3. court furnished with DCJS copy of defendant arrest record or police department copy of same - 9CPL 530.30 when a criminal action is pending in a LCC an application can be made to ____ court judge by the defendant, and the ___ court judge MAY order recognizance or release under non-monetary conditions or bailsuperior court judge
- 10CPL 530.30 when a criminal action is pending in LCC an application can be made to a superior court judge to release under non-monetary conditions or set bail is what 4 situations?1. lower criminal court lack authority to do so
2. lower criminal court denied application to recognizance or bail
3. LCC sets excessive bail (superior can vacate, ROR, reduce)
4. LCC sets a securing order under non-monetary conditions which are more restrictive than necessary - 11CPL 530.30 no superior court judge can order recognizance or bail with respect to defendant charged with felony unless and until what 2 situations?1. DA has notice and given an opportunity to be hear
2. defendants counsel has been furnished with report - 12CPL 530.40 when the criminal action is already pending in superior court and defendant makes an application- if defendant is charged with less than felony grade, court MUST/MAY order recognizance or release under non-monetary conditionsMUST
- 13CPL 530.40 when the criminal action is already pending in superior court and defendant makes an application-if charged with a felony, court MUST/MAY order recognizance or release under non-monetary conditions or bailMAY (in it's discretion)
- 14CPL 530.40 when the criminal action is already pending in superior court and defendant makes an application-the superior court cannot issue an order of recognizance, release under non-monetary conditions or bail, or continue a prior order, or allow a defendant to remain at liberty if what 2 situations?1. defendant has been convicted of a Class A felony
2. defendant is 18 or older and has been convicted of a B or C felony (sexual offense) committed or attempted against a person under 18 years of age - 15CPL 530.45 if a case is pending in supreme court, who has the authority to order recognizance or bail after conviction and before sentence?judge of the appellate division
- 16CPL 530.45 if a case is pending in LCC, who has the authority to order recognizance or bail after conviction and before sentence?a judge of the superior court in county of criminal action
- 17CPL 530.45 if the defendant doesn't appeal recognizance or bail decisions in __ days, then order is revoked, and defendant must surrender himself30 days
- 18CPL 530.45 if the defendant appeals recognizance or bail decisions in 30 days, but appeal hasn't been taken within __ days, the defendant MUST surrender themselves120 days
- 19CPL 530.45 if judgment is affirmed after appeal (defendant does not prevail) then defendant, his surety and his attorney must be given at least __ days notice requiring defendant to surrender2 days notice requiring defendant to surrender
- 20CPL 530.45 the court MUST hold a hearing before it can revoke an order. the defendant MAY/MUST cross examine witnesses and MAY/MUST present relevant admissible evidence on his own behalfMAY
MAY - 21CPL 530.45 the court MUST hold a hearing before it can revoke and order. the DA MAY/MUST move to introduce grand jury testimony of a witness in lieu of that witness' appearance at the heaingMAY
- 22CPL 530.40 Revocation of an order of recognizance or bail and commitment SHALL be up to __ days90 days
- 23CPL 530.40 Revocation of an order of recognizance or bail and commitment SHALL be up to 90 days or until charges in accusatory instrument are reduced or dismissed until no counts charge a ___felony
- 24CPL 530.40 Revocation of an order of recognizance or bail and commitment SHALL be up to 90 days or until charges in accusatory instrument are reduced or dismissed until no counts charge a felony OR until charges in subsequent accusatory instrument reduce or dismiss so that no charge left is a ____ or __ chargeClass A or violent felony offense
- 25CPL 530.70 when a bench warrant is issued by a superior court, district court, city of NY criminal court, or superior court judge sitting as a LCC judge, where can the bench warrant be executed?anywhere in the state
- 26CPL 530.70 when a bench warrant is issued by a city court (outside NYC), town court, or village court, where can it be executed?only in county of issuance or adjoining county, unless it is endorsed by a LCC in the county in which defendant is to be taken into custody
- 27CPL 530.70 a bench warrant can be addressed to a police/peace officer whose geographical area embraces court issuing warrant or location of offense OR any ___ in the city of NY counties of Nassau, Suffolk, Westchester, for execution in courthouse of employment, or in immediate vicinityuniformed court officer in the city of NY counties of Nassau, Suffolk, Westchester, for execution in courthouse of employment, or in immediate vicinity
- 28CPL 530.80 upon the bail bond and the certificate of sheriff, or on surrender in court in which case is pending, such court upon __ days notice to DA must order bail to be exonerated (returned to person who posted it)5 days notice to DA
- 29CPL 530.80 Obligor or person who posted cash bail can take person who he posted it for into custody to deliver him/her at any place within the state, or if he gets written authority on a certified copy of the bail bond, can empower any person over __ years of age to do so20 years of age
- 30CPL 530.80 at anytime before forfeiture of cash bail, the defendant may surrender himself or the person who posted bail or the defendant may surrender as described above. the court MUST order a return of the money to the person who posted it upon producing a certificate of the sheriff showing surrender or upon __ days notice to the DA5 days notice to the DA
- 31CPL 530.10 true or false? Application for securing order may be made by defendant convicted of an offensetrue
- 32CPL 530.10 true or false? recognizance or bail cannot be ordered if defendant has been charged with a class A felonyfalse
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- O usuário eliminou as informações de disciplina FlashCards sobre CPL 530 Orders of recognizance or bail , criado por Usuário eliminado em 26-10-2024.
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- Criado por Emily Deragon · 23 out 2024
- Copiado por Emily Deragon · 26 out 2024
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