CPL 530

Question 1

Under CPL 530.10, when is a court required or authorized to order bail or recognizance for a defendant?

Answer 1

During the pendency of a criminal action based on a charge or an appeal taken by the defendant from a judgment of conviction, sentence, or an order of an intermediate appellate court.

Question 2

Which courts have concurrent jurisdiction over certain acts according to CPL 530.11?

Answer 2

The Family court and criminal courts.

Question 3

What types of acts fall under the concurrent jurisdiction of Family and criminal courts in CPL 530.11?

Answer 3

Disorderly conduct (but not in a public place) Harassment in the 1st and 2nd degree Aggravated harassment in the 2nd degree Menacing in the 2nd and 3rd degree
Reckless endangerment
Assault in the 2nd and 3rd degree
Stalking in the 1st, 2nd, 3rd, and 4th degree
Attempted assault between spouses or former spouses, or between parent and child or members of the same family or household.

Question 4

Under what circumstances does the Family Court have exclusive jurisdiction according to CPL 530.11?

Answer 4

When the defendant is a child who would not be criminally responsible due to age in cases of attempted assault between parent and child or members of the same family or household.

Question 5

What mnemonic can help remember the offenses under concurrent jurisdiction according to CPL 530.11?

Answer 5

“HARD ASMA” helps to remember the offenses, but without the letters “TH.”

Question 6

What is the term used to define individuals related by consanguinity or affinity, including blood relatives and in-laws?

Answer 6

Members of the same family.

Question 7

Who are considered “members of the same family” under CPL 530?

Answer 7

Individuals related by consanguinity or affinity (blood relations such as brother, sister, mother, father, or in-laws).
Persons who are now legally married.
Persons who were formerly legally married.
Persons who have a child in common, whether they were ever married or lived together; Persons in an intimate relationship

Question 8

Does the relationship between “members of the same family” require marriage or cohabitation?

Answer 8

No, members of the same family can include persons who have a child in common, whether they were ever married or lived together.

Question 9

What is the petition called if a matter involving members of the same family is filed in Family Court?

Answer 9

It is referred to as a family offense petition.

Question 10

What is the complaint called if the same matter is filed in Criminal Court?

Answer 10

It is referred to as a criminal complaint.

Question 11

Who designates officers and officials to advise the petitioner or complainant about family offense proceedings?

Answer 11

The Chief Administrator of The Courts.

Question 12

What types of officers or officials shall be designated by the Chief Administrator of The Courts to advise the petitioner or complainant?

Answer 12

Police officers, peace officers, warrant officers, sheriffs, district attorneys investigating a family offense, or any other law enforcement official.

Question 13

What shall designated officers advise the petitioner or complainant regarding the jurisdiction of family and criminal courts?

Answer 13

That the criminal court and family court have concurrent jurisdiction.

Question 14

What is the purpose of criminal court in family offense cases?

Answer 14

The purpose of criminal court is to punish offenders.

Question 15

What is the purpose of family court in family offense cases?

Answer 15

The purpose of family court is to stop the violence, end family disruption, and obtain protection.

Question 16

When does a proceeding in criminal court commence in family offense cases?

Answer 16

When the accusatory instrument is filed in criminal court, not when the accused is arrested or a request for arrest is filed.

Question 17

Is an arrest required to commence a proceeding in family or criminal court?

Answer 17

No, an arrest is not a requirement for a proceeding to commence.

Question 18

What options are provided to the complainant when they first appear in criminal court on a complaint?

Answer 18

The complainant can choose to continue in criminal court, transfer to family court, or continue in both courts.

Question 19

If the complainant chooses to go to family court, does criminal court retain jurisdiction?

Answer 19

Yes, the criminal court still keeps jurisdiction.

Question 20

What will the court advise the complainant of once the complaint or accusatory instrument is filed, or when the complainant first appears in criminal court?

Answer 20

The court will advise the complainant of his/her rights.

Question 21

Are officials allowed to sway or discourage a complainant regarding the choice of proceeding in family or criminal court?

Answer 21

No, no official will sway or discourage a complainant one way or the other.

Question 22

What happens if the Supreme or Family Court issues a warrant of arrest, and the person is arrested for a family offense or violation of an order of protection while those courts are not in session?

Answer 22

The person is to be brought to the local criminal court, and bail should be set pursuant to the conditions suggested in the warrant, and the case is made returnable in the local Supreme or family court.

Question 23

In the event of an arrest based on a warrant or for a family offense, where should the arrested individual be taken if the issuing courts are not in session?

Answer 23

The individual should be taken to the local criminal court.

Question 24

How is bail determined if a person is arrested on a warrant from the Supreme or Family Court when those courts are not in session?

Answer 24

Bail should be set pursuant to the conditions suggested in the warrant.

Question 25

What is the status of an order of protection or temporary order of protection issued by a court of competent jurisdiction in another state, territorial, or tribal jurisdiction in this state?

Answer 25

It shall have full faith and credit and is enforced as if it were issued in this state.

Question 26

Under what conditions is an order of protection from another state, territorial, or tribal jurisdiction valid in this state?

Answer 26

The other court had personal and subject matter jurisdiction.
The person subject to the order had an opportunity to be heard prior to issuing the order, or if absent, was given notice and the opportunity to be heard after the issuance of the order.

Question 27

What happens if a temporary order of protection (TOP) from another state is accompanied by a sworn affidavit?

Answer 27

It will be registered by the clerk free of charge and transmitted to the state registry, but such filing and transmission are not required for enforcement in this state.

Question 28

Is registration of a temporary order of protection from another state necessary for it to be enforced in this state?

Answer 28

No, it is not necessary for the order to be enforced in this state.

Question 29

What shall police officers, peace officers, or district attorneys investigating a family offense advise the victim of?

Answer 29

They shall advise the victim of the availability of shelters or other community services and must immediately give written notice of the legal rights and remedies available to the victim as per the FCA, CPL, and DRL.