CPL 530 volume 1 Flashcards
(UPDATED) 530.10 Order of recognizance release under non-monetary conditions or bail; in general
A court, upon application of a defendant charged with or convicted of an offense, is required to issue a securing order for such defendant:
1. charged with an offense during pendency of ____________ , or
2. convicted of an offense during pendency of _________
criminal action…….. appeal
530.11 Procedures for Family Court matters
- Jurisdiction - Family Court and criminal courts have ___________ over family offense acts (FCA Article 8) where respondent would be criminally responsible because of age.
- However, if respondent would NOT be criminally responsible because of age, then Family Court has __________
concurrent jurisdiction….. exclusive original jurisdiction.
530.11 Procedures for Family Court matters
As a reminder, the family offenses are:
- grand larceny 3rd, 4th
- criminal obstruction of breathing or blood circulation (unlawful)
- dissemination or publication of an intimate image (unlawful)
- Stalking 1st, 2nd, 3rd, 4th
- harassment 1st, 2nd/ aggravated harassment 2nd
- (endangerment) reckless
- strangulation 1st, 2nd
- menacing 2nd, 3rd/ criminal mischief
- assault 2nd, 3rd/ attempted assault
- disorderly conduct
- sexual misconduct/ forcible touching/ sexual abuse 2nd, 3rd
- identity theft 1st, 2nd, 3rd
- coercion 2nd, 3rd
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530.11 Procedures for Family Court matters
“Members of the same family or household” with respect to a proceeding in the criminal courts shall mean the following:
(a) persons related by consanguinity or affinity.
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they still reside in the same household;
(d) persons who have a child in common, regardless of whether such persons have been married or have lived together at any time; and
(e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time.
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530.11 Procedures for Family Court matters
- Officer(s) authorized by the chief administrator of the courts shall inform any petitioner or complainant of procedures available for the institution of family offense proceedings, including that:
a) Family court and criminal court have concurrent jurisdiction.
b) Family Court proceedings are civil in nature and for purpose of ___________& , referrals for social services, etc.
c) Criminal court proceeding is for purpose of criminal prosecution of offender.
D) proceeding or action under this section is instituted at time of filing accusatory instrument or Family Court petition-and not at time of ______ (and that arrest is NOT a requirement for starting either proceeding).
stopping violence…… arrest
530.11 Procedures for Family Court matters
When a person is arrested on an alleged family offense or because of a violation of an order issued by the supreme or Family Court, and the supreme and Family Courts are not in session, the local criminal court shall:
1. _______ defendant, and
2. with the consent of the complaining party, make such violation allegation or complaint returnable in the Family Court or supreme court on ___________ that such court is in session.
Arraign ……. the next day
530.11 Procedures for Family Court matters
A complainant appearing before the court on a complaint or information may:
1. agree to continue the proceeding in ________ , or
2. may have the allegations heard in __________ , or
3. may proceed ___________ in family and criminal court.
Family Court…….. criminal court…….. concurrently
530.11 Procedures for Family Court matters
- No official shall discourage or prevent any person from having access to court to file a _______ or _________
petition or complaint.
530.11 Procedures for Family Court matters
- If a person is arrested on a family offense and the supreme and family courts are not in session, the person must be brought before the______ who in addition to scheduling further criminal proceedings must make the matter returnable in the supreme or Family Court, as applicable, on __________ the court is in session.
LCC……. the next day
530.11 Procedures for Family Court matters
- An order of protection (or temporary order of protection) issued by another state, territory, or tribe, accompanied by an affidavit that the order is in effect, may be filed with the__________ .
The clerk of the court shall transmit the information to the statewide___________________ . (Registry, however, is not required for enforcement of the order.)
clerk of the court…… registry of orders of protection
530.11 Procedures for Family Court matters
- Every police and peace officer and DA investigating a family offense shall:
- Inform victim about availability of _________ or other services,
- give the victim written (and oral notice if necessary) ____________, _________, and _______ available to family offense victims (notice shall be in plain English, Spanish language, Russian, and Chinese).
Shelter………. rights, remedies, and resources
530.11 Procedures for Family Court matters
- _______________________ shall promulgate rules to facilitate record sharing and communication between family and criminal courts.
Chief administrator of the courts
530.12 protection for victims of family offenses
- In a family offense case, the court may issue temporary order of protection (TOP) as a condition of any order of recognizance (ROR), or bail, or an adjournment in contemplation of dismissal (ACD) requiring defendant to:
(a) a stay stay away school, business, etc. of any household member or witness,
(B) permit parent or person entitled to visitation by court order or separation agreement to visit child,
(C) refrain from harassing or committing a criminal offense against designated person(s),
(D) refrain from acts or omissions creating risk to health, welfare, safety to child or household member,
(E) permit person to enter residence for removal of personal belongings not in issue in any proceeding,
(F) refrain from injuring or killing companion animal of the victim or minor child residing in the household.
(G) NEW to refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order.
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530.12 protection for victims of family offenses
- TOP issued by Family Court continues in effect until the defendant is __________________________ .
arraigned on an accusatory instrument
530.12 protection for victims of family offenses
- court may issue a TOP ex parte upon the filing of ________________ . If Family Court order of protection is modified, criminal court shall forward a copy of the modified order to the Family Court.
Emergency powers of the criminal court when Family court is not in session:
(a) issuance of TOP - LCC can issue TOP on Ex-parte basis pending a hearing in the Family Court, upon affidavit that:
- Family Court is not in session, and
- a family offense has been committed, and
- that Family Court petition has or will be filed next court day in Family Court, and
- showing good cause.
Criminal court shall make TOP returnable in Family Court the next day Family Court is in session, or as soon thereafter, but not more than __________ after issuance of the Order. Court shall provide a copy to petitioner and forward a copy of affidavit and order to Family Court.
Any TOP issued pursuant to this section shall state date that the order expires (not more than ______________)
an accusatory instrument………. 4 calendar days………. 4 calendar days
