CPL- Session 2 Flashcards
How is a criminal action commenced in the Local Criminal Court?
A criminal action is commenced by the proper filing of an Accusatory Instrument.
What is the difference between the commencement of a criminal action and commencement of a prosecution?
- Commencement of a criminal action refers to filing an Accusatory Instrument
- Commencement of a prosecution involves the legal proceedings that follow.
What defines a verified Accusatory Instrument?
An Accusatory Instrument is ‘verified’ if it is sworn to.
Who can file verified Accusatory Instruments?
Verified Accusatory Instruments can be filed by John Q. Citizen.
Do Accusatory Instruments filed by public servants need to be verified?
Generally, Accusatory Instruments that can only be filed by public servants do not have to be verified.
What are the two types of Superior Court accusatory instruments?
- Indictment
- Superior Court Information (moves commenced local case to a superior court)
What is an Information in Criminal Procedure Law?
An Information is :
* Verified
* Can charge offenses other that are NOT FELONIES
* Can be filed by anyone
* Contains only non heresay information
- It can commence a criminal action and serve as a basis for prosecution
What are Simplified Informations?
- Simplified Informations can only be filed by public servants and are not verified
- They can commence prosecutions
- Can only serve as a basis for prosecution if the defendant does not request a supporting deposition in a timely manner.
NO FELONY
What are the three kinds of Simplified Informations?
- Simplified Traffic
- Simplified Parks
- Simplified Environmental Conservation.
What is a Prosecutor’s Information?
A Prosecutor’s Information is a written accusation by a District Attorney at the direction of
* Grand Jury
* Local Criminal Court
* Superior Court
* or DA’s own accord
Can serve as a basis for prosecution but only commences a criminal action when resulting from a Grand Jury direction.
* NO FELONY
* Doesnt need to be verified
What is a Misdemeanor Complaint?
- Verified
- Charges at least one misdemeanor
- Commences a criminal action
- May serve as a basis for prosecution only if the defendant waives his right to prosecution via an Information.
If defendant requests prosecution via an information the Misdemeanor Complaint can be converted to an information by attaching a supporting deposition/ sworn statement
What is a Felony Complaint?
- Verified
- Charges at least one felony
- Can commence a criminal action but may not serve as a basis for prosecution.
STATUTE OF LIMITATIONS NOT STOPPED WITH FILING OF FELONY COMPLAINT
What must Informations, Misdemeanor Complaints, and Felony Complaints specify?
- Name of the court
- TItle of action (INFORMATION, FELONY COMPLAINT, MISD COMPLAINT)
- Subscription/verification of complainant
- Accusatory part (generally a restatement of the language of the offense
- Factual part (description of the elements of the offense)
ARRESTING OFFICER NOT REQUIRED
What are Supporting Depositions?
- Supporting Depositions are documents that defendants charged via Simplified Informations can request from the complainant public servant upon a timely request.
- Detail the events of the offense alleged
What constitutes a ‘timely request’ for a Supporting Deposition?
- Made before a guilty plea or trial
- No later than 30 days after the defendant was directed to appear in court.
Court will order the public servant to serve the supporting deposition NO LATER THAN 30 DAYS from the request or at least 5 days before trial WHICHEVER IS SOONER
Court directs officer issuing the appearance ticket to also serve the supporting deposition, this is not typically done but is still the directive of the CPL if asked
What are some 100.55 points to remember
In sum and substance:
* Accusatory instruments should generally be filed where the offense happened
* Felony complaints can be filed in any court in the same county as occurrence
* Superior court judge sitting as local can recieve a Prosecutor’s Information
* This law does not trump other areas of law that allow for filing in alternative courts
* In cases where 2 different courts would be considered proper for filing purposes any can be used but not both
* Accusatory instruments can be filed in any local criminal court within a county operating as an off- hours arraignment part
Are appearance tickets and bill of particulars accusatory instruments?
NO, the only accusatory instruments are:
* Information
* Simplified Information
* Prosecutors Information
* Misdemeanor Complaint
* Felony Complaint
