CPL- Session 14- Proper Courts for Arraignment Flashcards
Pursuant to the Criminal Procedure Law, upon processing an arrest, a prisoner who is not released upon a desk appearance ticket must be
presented to an appropriate local criminal court for arraignment … ______
“without unnecessary delay”
If a prisoner was arrested without a warrant, he or she should be taken for arraignment to the following on a (Violation of Misdemeanor Offense)
City, Town or Village Court where the offense was committed. (If a village in which the offense is committed has a court, then the prisoner must go to Village and not Town Court
If a prisoner was arrested without a warrant, he or she should be taken for arraignment to the following on a (Felony Offense)
Any Town or Village Court in the county in which the
offense was committed or the City Court in the city in which the offense was committed.
If a prisoner is arrested without a warrant and the PRIMARY arraignment court, is not available and the offenses charged do not include any Class A-D Felony or a violation of Penal Law Sections 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56,
(CODE WORD: S-A-B-E-R) the prisoner should be taken to an alternative court.
For a TOWN primary arraignment court the alternative courts would be:
- any Village Court within the town
- Town Court in any adjoining town within the County
- any Village Court within any adjoining town within the County
- any City Court within the County
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NO 2nd ALTERNATIVE
NO APP TICKET FOR:
S = CRIMINAL SEXUAL ACT 3RD
A = ABSCONDING (2 kinds)
B = BAIL JUMPING 2ND
E = ESCAPE 2ND
R = RAPE 3RD
If a prisoner is arrested without a warrant and the PRIMARY arraignment court, is not available and the offenses charged do not include any Class A-D Felony or a violation of Penal Law Sections 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56,
(CODE WORD: S-A-B-E-R) the prisoner should be taken to an alternative court.
For a VILLAGE primary arraignment court the alternative courts would be:
- Town Court of the town in which the village is situated
- any other Village Court within the Town
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2nd Alternative - Town Court in any adjoining town within the County
- any Village Court in any adjoining town within the County
- any City Court within the County
If a prisoner is arrested without a warrant and the PRIMARY arraignment court, is not available and the offenses charged do not include any Class A-D Felony or a violation of Penal Law Sections 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56,
(CODE WORD: S-A-B-E-R) the prisoner should be taken to an alternative court.
For a City primary arraignment court the alternative courts would be:
- Town Court of any adjoining town
- Village Court of any adjoining village within the County
- any Village Court in any adjoining town within the County
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NO 2nd ALTERNATIVE
If a prisoner was arrested upon a warrant, he or she should be taken for arraignment to the court which issued the warrant when:
- the warrant was issued by a court in the county of arrest
or - an adjoining county
or - the crime named in the warrant is a felony offenses.
If a prisoner was arrested upon a warrant and the issuing court is not available and a copy of the accusatory instrument is attached to the warrant, what should take place?
The prisoner should be taken to an alternative court
Prisoners arrested upon delegation of a warrant of arrest, should be delivered to:
A police officer or department to which the warrant is addressed
Note: If such a prisoner is not delivered into the custody of such police officer or department within two hours following arrest, and the warrant is:
(a) for a non-felony
and
(b) issued by a court located in a faraway (non-adjoining) county and the prisoner is not in default of bail, such prisoner has the option to be taken to a local criminal court for the purpose of setting bail or release on his or her own recognizance. A waiver of this right must be made in writing.
In any case a County or Supreme Court judge may sit as the local criminal court …______
In the county where he or she either resides or presides.
