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Court Clerk Exam > CPL 520 > Flashcards

CPL 520 Flashcards

1
Q

What are the only authorized forms of bail according to CPL 520.10?

A

• 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)

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2
Q

According to CPL 520.10, what additional cost may be required when posting
bail using a credit card or similar device?

A

Reasonable administrative fees may also be required.

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3
Q

Under CPL 520.10, how may a court fix the amount of bail?

A

A court may designate the amount of bail without designating the form or
forms.

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4
Q

If a court under CPL 520.10 designates the amount of bail without specifying
the form, in what forms may the bail be posted?

A

• Unsecured surety bond
• Unsecured appearance bond

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5
Q

According to CPL 520.15, where may cash bail be deposited?

A

• 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

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6
Q

Under CPL 520.15, what must the person posting cash bail complete and sign?

A

A form that includes required information about the bail and the action or
proceeding.

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7
Q

What information must be included on the form completed by the person
posting cash bail under CPL 520.15?

A

• 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.

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8
Q

Under CPL 520.15, what happens to the money posted as cash bail if it is not
forfeited?

A

The money posted as cash bail shall remain the property of the person posting it
unless forfeited to the court.

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9
Q

What acknowledgment must be included on the form when posting cash bail
under CPL 520.15?

A

An acknowledgment that the cash bail will be forfeited if the principal does not
comply with any requirement or order to appear in court.

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10
Q

What information must be included in a bail bond according to CPL 520.20?

A

• 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

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11
Q

What must a bail bond obligor or obligors do with the bail bond according to
CPL 520.20?

A

The bail bond must be subscribed and sworn to by each obligor.

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12
Q

What must an affidavit justifying an insurance company bail bond include
according to CPL 520.20?

A

• 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

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13
Q

What must an affidavit justifying a secured bail bond include under CPL
520.20?

A

The affidavit must state every bit of personal property deposited and of real
property pledged as security.

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14
Q

What information must be provided in an affidavit justifying a partially
secured bail bond according to CPL 520.20?

A

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.

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15
Q

What may the court examine regarding the source of any money posted as
cash bail under CPL 520.30?

A

The court may examine whether any such money constitutes the fruits of
criminal or unlawful conduct.

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16
Q

Who may be examined by the court in an inquiry into the source of cash bail
under CPL 520.30?

A

The obligors and any persons who possess material information may be
examined under oath or otherwise.

17
Q

What rights does the district attorney have during an inquiry into the
sufficiency of cash bail under CPL 520.30?

A

The district attorney has the right to attend the inquiry, call witnesses, and
examine any witness in the proceeding.

18
Q

What must the court do at the conclusion of an inquiry into the source of
cash bail under CPL 520.30?

A

The court must issue an order either approving or disapproving the bail.

19
Q

Under CPL 520.40, what may the accused request when arraigned in superior
court after posting cash bail in a local criminal court?

A

The accused may request that the cash bail posted in the local criminal court be
transferred to the superior court.

20
Q

What shall the superior court do when the accused requests a transfer of
cash bail from a local criminal court under CPL 520.40?

A

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.

21
Q

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?

A

The superior court shall order the overage to be paid to the person who posted
the cash bail in the local criminal court.

22
Q

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?

A

The accused must post additional bail to satisfy the new bail amount set by the
superior court.

23
Q

CPL 520.10 T/F? An insurance policy is a valid form of bail.

A

False

24
Q

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___________________________

A

unsecured surety bond or unsecured appearance bond

25
Q

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

A

C

26
Q

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

A

C

Court Clerk Exam (49 decks)

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