CPL 510 Volume 2 Flashcards
510.30 Application for securing order; rules of law and criteria controlling determination.
1
- The court in all cases, unless otherwise provided by law, must impose a _____________.
- It shall explain the basis for its determination and choice of securing order on the record or in writing.
securing order
510.30 Application for securing order; rules of law and criteria controlling determination.
2
Where the principal is a defendant-appellant in a pending appeal from a judgment of conviction, the court must also consider the likelihood of ultimate ___________ of the judgment.
(BARD) If the court determines that the appeal is clearly ____________ , it can deny the application, but does not have to, regardless of other factors considered in issuing a securing order.
Reversal………. without merit
510.30 Application for securing order; rules of law and criteria controlling determination.
- The court shall inform a principal charged with a felony that, if they are released on bail or recognizance, they can be placed back into custody if they commit ___________ while at liberty.
You commit another crime and you’re right back in jail. Who would have thunk??
another felony
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
1
Upon ordering that a principal be released on their own recognizance, or released under non-monetary conditions, or, if bail has been fixed, upon the posting of bail, the court must direct the principal to appear in the criminal action or proceeding involved whenever the principal’s _________________
If such principal is in the custody of the sheriff or at liberty upon bail at the time of the order, the court must direct that the principal be _________ from such custody or, as the case may be, that the principal’s bail be ___________
attendance may be required … discharged ….. exonerated.
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
Upon the issuance of an order fixing bail, the court must ________ the bail to determine whether it complies with the order.
If it does, the court must approve the bail and must issue a __________ , directing the sheriff to discharge the principal therefrom if in custody.
Examine……… certificate of release
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
If the bail is not posted, or is not approved after being posted, the court must order that the principal be _______________________________
committed to the custody of the sheriff.
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
Reasons for non-approval of bail shall be explained ______________
on the record.
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
3.
Non-monetary conditions of release shall be ___________ and established in writing by the court.
individualized
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
3
Non-monetary Conditions may be ___________ or _____________ in regards to compliance.
lessened or modified
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
3
Non-monetary Conditions may be added if, after each side is given the opportunity to be heard, clear and convincing evidence show ______________ in an important respect.
violation of a condition
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
3.
If a violation of Non-monetary Conditions is found, conditions found in 500.10(3-A) may be imposed and the reasons for such shall be explained on the record or in writing.
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510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
4
Electronic monitoring may only be ordered if:
- the defendant is given an opportunity to ________
- that they__________ for such a condition, and
- no other ________________ or set of non-monetary conditions is appropriate.
Reasons for such must be explained on the record or in writing.
be heard, ………. qualify …….. realistic non-monetary condition
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
4
The specific method of electronic monitoring of the principal’s location must be approved by the court, shall be ______________, _______________, and ________________ as practicable.
individually determined, appropriate, and as unobtrusive
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
4
Electronic monitoring of the location of a principal may be conducted only by a __________ under the supervision and control of a county or municipality or a _______________ under contract to the county, municipality or the state.
public entity…… non-profit entity
510.40 Court notification to principal of conditions of release and of alleged violations of conditions of release.
4
A county or municipality shall be authorized to enter into a contract with another county or municipality in the state to monitor principals under non-monetary conditions of release in its county.
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