CPL 530 VOLUME 3 Flashcards
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
When a criminal action is pending in a superior court, such court, upon application of a defendant, must or may order recognizance or bail as follows:
- When the defendant is charged with an offense or offenses of less than_______ only, the court (MUST/MAY) order recognizance or release under non-monetary conditions
felony grade…. MUST
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
If a defendant is charged with a felony in a superior court, the court may order one of the following, unless otherwise mandated by law:
Release on recognizance (promise to appear)
Release with non-monetary conditions
Where authorized, bail
If the indictment stems from a local court holding the defendant for the grand jury or replaces a pending felony complaint in a local court, the superior court can simply continue the previous release order.
When a criminal action is pending in a superior court, such court, upon application of a defendant, must or may order recognizance or bail as follows:
- When the defendant is charged with a felony, the court may, unless otherwise provided by law in its discretion,
- order recognizance,
- release under non-monetary conditions or,
- where authorized, bail.
In any such case in which an indictment
- (a) has resulted from an order of a local criminal court holding the defendant for the action of the grand jury, or (b) was filed at a time when a felony complaint charging the same conduct was pending in a local criminal court, and in which such local criminal court or a superior court judge has issued an order of recognizance, release under non-monetary conditions or, where authorized, bail which is still effective, the superior court’s order may be in the form of a direction continuing the effectiveness of the previous order.
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
When a criminal action is pending in a superior court, such court, upon application of a defendant, must or may order recognizance or bail as follows:
Know this
- In cases OTHER THAN THOSE WHERE defendant is charged with ___________ , the court shall :
- release the principal pending trial on the principal’s own recognizance or
- release the principal pending trial under non-monetary conditions.
- The court shall explain the basis for its determination and choice of securing order on the record or in writing.
qualifying offense
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
- Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion:
Know this
- release the principal pending trial on the principal’s own recognizance or under non-monetary conditions,
- fix bail, or order non-monetary conditions in conjunction with fixing bail, or,
- where the defendant is charged with a qualifying offense which is a ________ , the court may commit the principal to the custody of the sheriff.
- The court shall explain the basis for its determination and its choice of securing order on the record or in writing.
felony
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
This section has an extra qualifying offense:
t) any felony or class A misdemeanor involving harm to an identifiable person or property, or any charge of criminal possession of a firearm where such charge arose from conduct occurring while the defendant was
- released on his or her own recognizance,
- released under conditions, or
- had yet to be arraigned after the issuance of a desk appearance ticket for a separate felony or class A misdemeanor involving harm to an identifiable person or property, or
- any charge of criminal possession of a firearm, however, the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime.
- For the purposes of this subparagraph, any of the underlying crimes need not be a qualifying offense as defined in this subdivision.
- For the purposes of this paragraph, “harm to an identifiable person or property” shall include but not be limited to theft of or damage to property.
- However, based upon a review of the facts alleged in the accusatory instrument, if the court determines that such theft is negligible and does not appear to be in furtherance of other criminal activity, the principal shall be released on his or her own recognizance or under appropriate non-monetary conditions; or
XX
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
5.When bail or remand is not ordered, and for which the court would not or could not otherwise require bail or remand, a defendant may request that the court set bail in _________ requested by the defendant; if the court is satisfied that the request is voluntary, the court shall set such bail in such amount.
a nominal amount
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
- A superior court may not order recognizance, release under non-monetary conditions or, where authorized, bail, or permit a defendant to remain at liberty pursuant to an existing order, after the defendant has been convicted of either:
- (a) a class ________ or
- (b) any class ____________ PL 130 Sex Offense committed or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age.
- In either case the court must ________ OR _________ the defendant to the custody of the sheriff.
A felony…….. B or class C felony…… commit or remand
530.40 Order of recognizance, release under non-monetary conditions or bail; by superior court when action is pending therein. (NOTE: This is mostly a repeat of 530.20.)
- A superior court may not order recognizance, release under non-monetary conditions or, where authorized, bail when the defendant is charged with a felony unless and until the _________ has had an opportunity to be heard in the matter and such court and counsel for the defendant have been furnished the defendant’s DCJS or police criminal report, if there is one
district attorney
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
- When the defendant is at liberty in the course of a criminal action as a result of a prior securing order and the court revokes such order and then, where authorized,
- fixes no bail,
- fixes bail in a greater amount or in a more burdensome form than was previously fixed, or,
- in conjunction with the imposition of non-monetary conditions, fixes bail in a greater amount or in a more burdensome form than was previously fixed and remands or commits defendant to the custody of the sheriff, or issues a more restrictive securing order,
a judge of the superior court or appellate division, depending on the situation, upon application of the defendant following conviction but before sentencing may:
- issue a securing order and release the defendant on the defendant’s own recognizance,
- release the defendant under non-monetary conditions, or,
- where authorized fix bail, which may be in conjunction with the imposition of non-monetary conditions, fix bail in a lesser amount or in a less burdensome form, which may be in conjunction with the imposition of non-monetary conditions, or
- issue a less restrictive securing order, than fixed by the court in which the conviction was entered.
A defendant is NOT eligible if they were convicted of
- a class___________ or
- a PL130 class______ or _________ felony Sex Offense committed or attempted to be committed by a person eighteen (18) years of age or older against a person less than eighteen (18) years of age
A felony…. B or class C
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
- An order loosening restrictions may be issued by the following judges in the indicated situations:
- (a) If the criminal action was pending in supreme court or county court, such order may be issued by _____________________ of the __________ In which the conviction was entered.
- (b) If the criminal action was pending in a local criminal court, such order may be issued by a judge of a __________ holding a term in the______________ in which the conviction was entered.
a justice of the appellate division…….. department ……..SUPERIOR COURT …. county
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
Where pending, who can loosen restrictions?
Supreme Court or county court
justice of the appellate division of the department in which the conviction was entered
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
Where pending, who can loosen?
Local criminal court
judge of a superior court holding a term in the county in which the conviction was entered
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
Notwithstanding the provisions of CPL 510.10, 530.20 and 530.40, when a defendant charged with an offense that is not such a _________ is convicted, whether by guilty plea or verdict, in such criminal action or proceeding of an offense that is not a qualifying offense, the court may issue a securing order:
- releasing the defendant on the defendant’s own recognizance or under non-monetary conditions where authorized,
- fix bail, or
- ordering non-monetary conditions in conjunction with fixing bail, or
- remand the defendant to the custody of the sheriff where authorized.
qualifying offense
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
- An application for an order loosening conditions must be on notice to ________ and given the opportunity to appear and oppose.
- Only _________ may be made
the people… one application
530.45 Order of recognizance or bail; AFTER CONVICTION AND BEFORE SENTENCE.
REMEMBER: AFTER CONVICTION AND BEFORE SENTENCE.
Defendant must allege in his application that he intends to take an ________ to an intermediate appellate court immediately after __________ is pronounced.
Appeal……. sentence
