CPL 520 Flashcards
What are the only authorized forms of bail according to CPL 520.10?
• Cash bail
• Insurance company bail bond
• Secured surety bond
• Partially secured surety bond
• Partially secured appearance bond
• Unsecured surety bond
• Unsecured appearance bond
Credit cards (note: administrative fees may be required)
According to CPL 520.10, what additional cost may be required when posting
bail using a credit card or similar device?
Reasonable administrative fees may also be required.
Under CPL 520.10, how may a court fix the amount of bail?
A court may designate the amount of bail without designating the form or
forms.
If a court under CPL 520.10 designates the amount of bail without specifying
the form, in what forms may the bail be posted?
• Unsecured surety bond
• Unsecured appearance bond
According to CPL 520.15, where may cash bail be deposited?
• With the county treasurer of the county or, in the city of New York, with the
Commissioner of Finance
• The court which issued the securing order
• The sheriff in whose custody the principal has been committed
Under CPL 520.15, what must the person posting cash bail complete and sign?
A form that includes required information about the bail and the action or
proceeding.
What information must be included on the form completed by the person
posting cash bail under CPL 520.15?
• Name, residential address, and occupation of each person posting bail
• The title of the criminal action or proceeding
• The offense or offenses which are the subjects of the proceeding
• The name of the principal and the nature of his involvement in the action or
proceeding
• A statement that the person or persons posting bail undertake that the
principal will appear in the action or proceeding whenever required
• The date of the principal’s next court appearance
• An acknowledgment that the cash bail will be forfeited if the principal does
not comply with any requirement or order to appear in court
• The amount posted as cash bail
• The money posted as cash bail shall remain the property of the person posting
it unless forfeited to the court.
Under CPL 520.15, what happens to the money posted as cash bail if it is not
forfeited?
The money posted as cash bail shall remain the property of the person posting it
unless forfeited to the court.
What acknowledgment must be included on the form when posting cash bail
under CPL 520.15?
An acknowledgment that the cash bail will be forfeited if the principal does not
comply with any requirement or order to appear in court.
What information must be included in a bail bond according to CPL 520.20?
• Name, address, and occupation of each obligor
• Title of the criminal action
• Offense or offenses in the action
• Name of the principal and nature of involvement in the action or proceeding
• The obligor or obligors jointly undertake that the principal will appear
whenever required
• In the event the principal doesn’t comply with any court process or
requirement, the obligor or obligors will pay a designated sum of money fixed by
the court
What must a bail bond obligor or obligors do with the bail bond according to
CPL 520.20?
The bail bond must be subscribed and sworn to by each obligor.
What must an affidavit justifying an insurance company bail bond include
according to CPL 520.20?
• Amount of premium paid to the obligor
• All security and promises of indemnity received by the surety-obligor
• Name, occupation, and address (business and residential) of every person who
has given surety and promise
What must an affidavit justifying a secured bail bond include under CPL
520.20?
The affidavit must state every bit of personal property deposited and of real
property pledged as security.
What information must be provided in an affidavit justifying a partially
secured bail bond according to CPL 520.20?
The place and nature of the obligor’s business or employment, length of time
engaged therein, income during the past year, and average income over the past
5 years.
What may the court examine regarding the source of any money posted as
cash bail under CPL 520.30?
The court may examine whether any such money constitutes the fruits of
criminal or unlawful conduct.
Who may be examined by the court in an inquiry into the source of cash bail
under CPL 520.30?
The obligors and any persons who possess material information may be
examined under oath or otherwise.
What rights does the district attorney have during an inquiry into the
sufficiency of cash bail under CPL 520.30?
The district attorney has the right to attend the inquiry, call witnesses, and
examine any witness in the proceeding.
What must the court do at the conclusion of an inquiry into the source of
cash bail under CPL 520.30?
The court must issue an order either approving or disapproving the bail.
Under CPL 520.40, what may the accused request when arraigned in superior
court after posting cash bail in a local criminal court?
The accused may request that the cash bail posted in the local criminal court be
transferred to the superior court.
What shall the superior court do when the accused requests a transfer of
cash bail from a local criminal court under CPL 520.40?
The superior court shall direct by way of an order that the cash bail posted in
the local criminal court be transferred to the superior court.
What happens if the amount of cash bail transferred from the local criminal
court exceeds the bail set by the superior court under CPL 520.40?
The superior court shall order the overage to be paid to the person who posted
the cash bail in the local criminal court.
What must the accused do if the cash bail transferred from the local criminal
court is less than the bail set by the superior court under CPL 520.40?
The accused must post additional bail to satisfy the new bail amount set by the
superior court.
CPL 520.10 T/F? An insurance policy is a valid form of bail.
False
CPL 520.10 If a court designates the amount of bail without designating the
form in which it is to be posted, such bail may be posted in the form
of___________________________
unsecured surety bond or unsecured appearance bond
CPL 520.10 When a court designates the amount of bail without designating
the form or forms in which it may be posted, the bail may be posted: 1. in the
form of an unsecured surety bond 2. unsecured appearance bond
a. Only 1 is
correct
b. Only 2 is correct
c. Both 1 and 2 are correct
d. Neither 1 nor 2 are
correct
C
CPL 520.20 Generally, a bail bond is effective and binding upon obligor(s)
until:
a. trial commences
b. jury begins deliberation
c. imposition of sentence or
termination of action
d. none of the above
C
