CPL 180 Flashcards
T/F? At arraignment on a felony complaint the defendant must be present.
True
Defendant has been arraigned on a felony complaint. According to CPL, he
is entitled to:
A hearing to determine whether the defendant is to be held for grand jury
action.
If a defendant proceeds at an arraignment for a felony without counsel:
he has not waived his right to counsel in future proceedings
A defendant has waived his right to a hearing upon a felony
complaint. The local criminal court may determine whether:
Defendant should be charged instead with a non-felony offense or
order that the
defendant be held for action of the grand jury
If defendant appears for arraignment without counsel, he has the right
to: (3)
a. An adjournment for the purpose of obtaining counsel
b. To communicate, free of charge, by letter or telephone for the
purpose of obtaining counsel and informing a relative or friend that
he had been charged with an offense
c. To have counsel assigned by the court if he is financially unable to
obtain the same
If the defendant desires to proceed without the aid of counsel, the
court must permit him to do so if it is satisfied that he has:
Made such decision with knowledge of the significance thereof
If the court is not satisfied with defendants desire to proceed without
counsel, it may:
Not proceed until the defendant is provided with counsel, either of
their own choosing or by assignment
Upon arraignment, the court, unless it intends to immediately dismiss
the felony complaint and terminate the action, must issue a securing
order which:
Either releases the defendant on his own recognizance or fixed bail
or commits him to the custody of the sheriff for his future appearance
If a charge is reduced by a lower criminal court to a non-felony
offense by replacing the felony complaint with a misdemeanor
complaint, upon the filing of the misdemeanor complaint the court
must:
Dismiss the felony complaint
According to CPL, at a hearing on a felony complaint in a local
criminal court, the court may exclude the public:
On application of the defendant