CPL 510 Volume 1 Flashcards
510.10 Securing order; when required; alternatives available; standard to be applied.
The imposition of a ___________ of securing order is in some cases required by law and in other cases within the discretion of the court
specific type
510.10 Securing order; when required; alternatives available; standard to be applied.
1
.
*If a person (principal) who is required to attend a future court hearing in a criminal case comes under the control of a court, the court must issue an order requiring the person to attend the hearing. The court will:
- decide if the person is likely to__________ to avoid being punished,
- consider how much control or restriction is needed to make sure the person ________ and
- choose a securing order that is consistent with its decision.
run away……. comes back to court
510.10 Securing order; when required; alternatives available; standard to be applied.
1
*The court shall explain the basis for its determination and its choice of securing order _____________ or ___________
on the record or in writing.
510.10 Securing order; when required; alternatives available; standard to be applied.
1
In making a determination, the court must consider and take into account available information about the principal, including:
(a) The principal’s activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal’s criminal conviction record if any;
(d) The principal’s record of previous adjudication as a juvenile delinquent or, of pending cases where fingerprints are retained, or a youthful offender, if any;
(e) The principal’s previous record with respect to flight to avoid criminal prosecution;
(f) * If the court allows bail, the amount of bail will be set based on the person’s financial situation and their ability to pay without posing undue hardship. *The court will also consider whether the person can obtain a secured, unsecured, or partially secured bond.
(g) Any violation by the principal of an order of protection issued by any court;
(h) The principal’s history of use or possession of a firearm;
(i) Whether the charge is alleged to have caused serious harm to an individual or group of individuals; and
(j) If the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal.
xx
510.10 Securing order; when required; alternatives available; standard to be applied.
- *A principal is entitled to representation by counsel
- in preparing an application for _____________ ,
- when a _____________ is being considered and
- when a securing order is being reviewed for _________, ___________, or _____________
- *If the principal cannot afford ________ , one will be appointed.
release…securing order …. modification, revocation or termination.
510.10 Securing order; when required; alternatives available; standard to be applied.
- In most cases, the court will release the person ________ , unless the court finds that the person is a flight risk. In such instances, the court shall release the principal under non-monetary conditions that will reasonably assure the principal’s return to court.
- The court shall explain its choice of securing order on the record or in writing.
on their own recognizance
510.10 Securing order; when required; alternatives available; standard to be applied.
*4.
Where the principal stands charged with a ___________ (below), the court may in its discretion
- release the principal pending trial on the principal’s own recognizance or
- under non-monetary conditions,
- fix bail, or
- order non-monetary conditions in conjunction with fixing bail, or,
- where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff.
qualifying offense
510.10 Securing order; when required; alternatives available; standard to be applied.
4
*A principal stands charged with a qualifying offense when he or she stands charged with:
*(a) a PL 70.02 violent felony offense, other than robbery 2, however, that burglary 2 shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling;
(b) witness intimidation
(c) witness tampering
(d) a class A felony but for felonies under PL 220 Marijuana offenses, only A-I felonies will qualify
(e) a sex trafficking, a felony sex offense, incest offense, or a misdemeanor PL 130 sex offense
(f) conspiracy 2, where the underlying allegation conspiracy to commit a class A felony homicide offense
(g) money laundering in support of terrorism 1, 2, 3, 4; or a felony crime of terrorism, other than Making a terroristic threat
(k) criminal obstruction of breathing or blood circulation, strangulation 2 or unlawful imprisonment 1, and the parties are members of the same family or household;
(l) aggravated vehicular assault or vehicular assault 1
(m) assault 3 or arson 3, when such crime is charged as a hate crime
(n) aggravated assault upon a person less than eleven years old or criminal possession of a weapon on school grounds
(o) grand larceny 1, enterprise corruption, or money laundering 1
(p) failure to register as a sex offender or endangering the welfare of a child, where the defendant is required to maintain registration and designated a level three offender
(q) a crime involving bail jumping, or a crime involving escaping from custody
(r) any felony offense committed by the principal while serving a sentence of probation or while released to post release supervision;
(s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender
(t) any felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm while the defendant was released on his or her own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime, but the underlying crime need not be a qualifying offense.
- Harm to an identifiable person or property” shall include but not be limited to theft of or damage to property. If the court determines that such theft is negligible and does not appear to be in furtherance of other criminal activity, the principal shall be released on his or her own recognizance or under appropriate non-monetary conditions; or
(u) criminal possession of a weapon 3 or criminal sale of a firearm to a minor
xx
510.10 Securing order; when required; alternatives available; standard to be applied.
- When bail or remand is not ordered, and for which the court would not or could not otherwise require bail or remand, a defendant may request that the court ________ in a nominal amount requested by the defendant; if the court is satisfied that the request is __________ , the court shall set such bail in such amount.
set bail ….. voluntary
510.10 Securing order; when required; alternatives available; standard to be applied.
- When a securing order is revoked or terminated and the principal’s appearance is still required, a new ___________ must be issued.
- If the defendant is in the custody of the sheriff, the court will ______________ of such to the sheriff;
securing order….. give written notification
510.15 Commitment of principal under seventeen or eighteen.
1
A principal under ________ committed to the custody of the sheriff must be lodged in a place certified by the office of children and family services as a juvenile detention facility for the reception of children.
sixteen (16)
510.15 Commitment of principal under seventeen or eighteen.
1
When a principal who
(a) commencing 10/01/2018, is sixteen years of age; or commencing 10/01/2019, is sixteen (16) or (17), committed to the custody of the sheriff must be lodged in in a place certified by ___________ in conjunction with the state commission of correction as a specialized secure juvenile detention facility for older youth.
the office of children and family services
510.15 Commitment of principal under seventeen or eighteen.
1
The sheriff shall deliver the principal to the appropriate facility and such person shall, although lodged and cared for in a juvenile detention facility, continue to be deemed to be in the custody of _____________
the sheriff.
510.15 Commitment of principal under seventeen or eighteen.
1
No principal under the age specified to whom the provisions of this section may apply shall be detained in any prison, jail, lockup, or other place used for ____________ or under arrest and charged with the commission of a crime without the approval of the ______________ which shall consult with the commission of correction if the principal is sixteen (16) years of age or older in the case of each principal and the statement of its reasons therefor;
adults convicted of a crime………. office of children and family services
510.15 Commitment of principal under seventeen or eighteen.
1
A Principal under the age specified in this section who is charged solely with ____________ shall NOT be subject to detention.
a violation
