Art 110 + 120 Flashcards
CPL 110.20
Other than in NYC, if a police or peace officer is complainant or filer of a simplified information or has arrested defendant or has brought defendant to LCC in behalf of arresting person then ____ shall transmit a copy of accusatory instrument to DA.
Such officer or his agency
CPL 110.10
T\F
Person cannot be compelled to appear in LCC unless an accusatory instrument has been filed.
False. A person may be compelled to appear by arrest without a warrant or desk appearance ticket.
CPL 110.10
A warrant of arrest and a summons are issued ____(before or after) the filing of an accusatory instrument.
After
CPL 110.20
T\F
A desk appearance ticket is issued after the filing of an accusatory instrument.
False. An appearance ticket is issued before filing of an accusatory instrument.
CPL 110.20
What is the purpose of a warrant of arrest( issued after the filing of an accusatory instrument)?
to bring the defendant to court for arraignment.
CPL 120.20
T/F
Upon request of DA, court may authorize DA to direct defendant to appear for arraignment if it is satisfied defendant will do so (instead of issuing a warrant of arrest or summons.)
True
CPL 120.90
When a juvenile offender is arrested, the arresting officer must immediately notify the parent or other person legally responsible for his care or ___
The person with whom he is domiciled
CPL 120.30
A warrant of arrest is issued by the court where ___
The accusatory instrument has been filed
CPL 120.55
T\F
A probation or parole officer can not execute a warrant of arrest.
False. A probation or parole officer can execute a warrant of arrest if defendant is on probation or on parole.
CPL 120.70
A warrant of arrest issued by a district court may be executed ____
Anywhere in the state
CPL 120.80
When may a warrant be executed?
24/7
CPL 120.20
T\F
A warrant of arrest is issued before the filing of an accusatory instrument
False. A warrant of arrest is issued after filing of an accusatory instrument.
CPL 120.10
T/F
A warrant of arrest contains the date of commission of the offense.
False. A warrant of arrest contains the date of issuance of the warrant.
CPL 120.20
T/F
Where the offense charged is a simplified traffic infraction, A warrant of arrest may be issued after the filing of the accusatory instrument
False. A warrant of arrest may not be issued for a simplified traffic infraction.