CPL 725 Flashcards
What must a court issue when it directs that an action or charge is to be removed to Family Court?
The court must issue an order of removal in accordance with SECTION 725.05 of ARTICLE 725.
What must the order of removal specify according to SECTION 725.05 of ARTICLE 725?
The order of removal must specify a date certain within 10 days from the date of the order of removal for the defendant’s appearance in Family Court.
What must the order of removal specify if the defendant is in detention or in custody of the sheriff?
The date must be no later than the next day Family Court is in session.
Can the Department of Probation still adjust the case after an order of removal is issued?
Yes, the Department of Probation may still adjust the case.
What must happen when an order of removal is filed with Family Court under CPL 725.10?
A FCA 3 proceeding (juvenile delinquency) must be originated.
What must happen to all official records and papers related to the case according to CPL 725.15?
All official records and papers relating to the case shall be sealed.
What happens to all criminal court proceedings once an order of removal is filed with Family Court?
All criminal court proceedings shall be terminated, and all verdicts and orders, other than the order of removal, shall be deemed to have been made by the Family Court.
Who governs the availability of sealed records according to CPL 725.15?
The availability of sealed records shall be governed by the provisions that apply to Family Court records, statute, or court authorization.
What additional records must be filed with Family Court when certain actions are removed to Family Court under CPL 725.20?
A certified copy of the order of removal and additional records must be filed with the Family Court.
What is the clerk’s duty under CPL 725.20 when certain actions are removed to Family Court?
It is the duty of the clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section.
