CPL 520 Flashcards
520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
1) __________ bail
2) _____________ bail bond
3) __________ surety bond
4) ____________ appearance bond
5)_____________ secured bail bond
8) _____________ appearance bond
7) ___________ surety bond
8) ____________ appearance bond
9) _____________ or other similar device (may also be required to pay reasonable administrative fee)
Cash…… insurance company ……. Secured…….. Secured …. Partially…… Partially secured ….. Unsecured ….. Unsecured…….. Credit card
520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
A court may designate the amount of bail without designating the form in which it may be posted. In such case, the bail may be posted in the form of:
1. an unsecured __________ , or
2. an unsecured _________
surety bond……. appearance bond
520.10 Bail and bail bonds; fixing of bail and authorized forms thereof.
(NEW) The court shall direct that the bail be posted in any __________ or more of the forms, designated in the alternative, and may designate different amounts varying with the forms, except that one of the forms shall be either an unsecured or partially secured ______ , as selected by the court.
one of three (1 of 3)…… surety bond
520.15 Bail and bail bonds; posting of cash bail.
Cash bail may be deposited with:
1) _________in county where proceeding is pending (in New York City with ___________ ), or
2) the court which issued the order, or
3) the sheriff in whose custody the principal has been committed.
county treasurer ………. commissioner of finance
520.15 Bail and bail bonds; posting of cash bail.
The following must appear on the cash bail form:
a) name, residential address and occupation of each person posting bail
b) title of action or proceeding
c) Offense(s) and status
d) name of principal and nature and extent of involvement in proceeding
e) person(s) posting cash bail undertakes that principal will appear (that obligor(s) jointly and severally undertake that principal will render himself amenable to processes of the court).
f) next court date
g) acknowledgment that bail will be forfeited if principal does not comply
h) amount of cash bail
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520.15 Bail and bail bonds; posting of cash bail.
Bail bond is effective and binding on obligors until ______________ or other ______________
imposition of sentence…….. termination of action.
520.20 Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof.
Generally, a bail bond must be subscribed and sworn by each obligor and must state:
- name, residential address and occupation of each obligor
- title of criminal action or proceeding involved
- offense(s) and status of action or proceeding
- name of principal and nature of his involvement in the action or proceeding
- that obligor(s) jointly and severally undertake that principal will appear and be amenable to orders of court
- That if principal does not comply, obligor(s) will pay to the state the sum fixed by the court.
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520.20 Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof.
A bail bond is effective and binding upon the obligor(s) until the ___________ or other _______________
imposition of sentence ……… termination of the action
520.20 Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof.
A ____________ must be subscribed and sworn to by the obligor(s) and must state their names, residential addresses and occupations. Also, justifying affidavit must include:
1. for an insurance bail bond, must state among other things the amount of ____________ by the obligor.
2. for secured bail bond, must state items of ____________ deposited and ___________ pledged as security, (and value of encumbrances thereon)
justifying affidavit ………. premium paid….. personal property …………. real property
520.20 Bail and bail bonds; posting of bail bond and justifying affidavits; form and contents thereof.
An affidavit justifying a partially secured bail bond or an unsecured bail bond must state:
1. place and nature of obligor-affiant’s __________ or _________ and length of time engaged therein, and
2. income during past year, and average income during the past ________ years.
business or employment ……….. 5
520.30 Bail and bail bonds; examination as to sufficiency. (“bail source hearing”)
You may examine under oath or otherwise obligors or other persons who may possess information regarding ___________ , reliability of obligors, whether any feature of undertaking contravenes public policy, etc.)
bail value sufficiency
520.30 Bail and bail bonds; examination as to sufficiency. (“bail source hearing”)
“bail source hearing”
The DA:
1) has a right to ________ such an inquiry, and
2) has a right to call and examine ____________
Attend………. witnesses.
520.30 Bail and bail bonds; examination as to sufficiency. (“bail source hearing”)
The Court may examine under oath or otherwise________ or other persons with material information.
obligors
520.30 Bail and bail bonds; examination as to sufficiency. (“bail source hearing”)
The Court MAY upon application of DA adjourn proceeding for__________ to allow DA to investigate the matter of the sufficiency of bail (i.e. source of money).
a reasonable period
520.30 Bail and bail bonds; examination as to sufficiency. (“bail source hearing”)
At end of proceeding, court must issue order ____________or __________ the bail.
approving or disapproving
