CPL- Session 6 Flashcards
What are the two time frames an Appearance Ticket can be issued?
- On the street without station house processing
- After station house processing
What does an Appearance Ticket direct?
Directs:
* A designated person
* To appear in a designated local criminal court
* At a designated future time
* In connection with an alleged commission of a designated offense
What must an Appearance Ticket notify the defendant of if it is in connection with an offense charged in a Simplified Information?
The right to receive a Supporting Deposition as per 100.25 C.P.L.
Who is authorized to issue an Appearance Ticket and for what classification of offenses?
A police officer can issue an appearance ticket for other than a Class A, B, C, D, or E Felony contained in acronym B-E-A2-R
What does the acronym B-E-A2-R stand for regarding offenses for which an Appearance Ticket CANNOT be issued?
- B = BAIL JUMPING 2ND DEGREE
- E = ESCAPE 2ND DEGREE
- A2 = FROM TEMPORARY RELEASE/TREATMENT FACILITY
- R = RAPE 3RD DEGREE
What are the conditions under which Desk Officers must issue and serve an Appearance Ticket?
Quallifying offense unless listed in DR WISDOM
* D = DLIC REVOCATION/SUSPENSION CRIME
* R = RETURN TO COURT FAILURE IN LAST 2 YEARS
* W = WARRANT OUTSTANDING FROM LCC OR SUPERIOR COURT
* I = IDENTITY UNKNOWN
* S = SEX OFFENSE (ARTICLE 130)
* D = DOMESTIC VIOLENCE CHARGE
* O = ORDER OF PROTECTION INDICATED
* M = MENTAL/PHYSICAL HEALTH SERVICES NEEDED
When must an Appearance Ticket be returnable?
- No later than 20 days from date of issuance
or - At the next scheduled session of the appropriate local criminal court
or - At a date approved by the court
Where must an Appearance Ticket be served?
- In the county of offense
or - Adjoining county
or - State-wide if close pursuit
What duration of time is provided to give the defendant’s best contact information to the court?
24 hours
How long does a police officer or peace officer have to file an accusatory instrument with the local criminal court following the issuance of an appearance ticket?
An accusatory instrument must be filed before the return date
What happens if a defendant fails to appear regarding an Appearance Ticket?
The court may issue a Summons or Warrant of Arrest.
PL 215.58 - Failure to respond to an appearance ticket
If an appearance ticket was issued in lieu of arrest when is it mandatory that the defendant be fingerprinted
Following arrest or arraignment pursuant to an appearance ticket or sommons police officers **MUST PRINT **when the offense charged is:
* Any felony
* Penal Law misdemeanor
or
* Certain misdemeanors that would constitute a felony if the defendant had a previous conviction (think DWI)
When prints are authorized photos and palm prints are also authorized
What are the conditions under which prints may be taken regardless of the offense charged?
- Unable to ascertain ID
- Reasonably suspects ID is false
- Reasonably suspects person is being sought by law enforcement
What must happen to fingerprints sent to D.C.J.S.?
- 2 copies must be sent to D.C.J.S without unnecessary delay
- D.C.J.S. will search its records for criminal history
Police agency must provide the following with copies of criminal history
* (1) DA’s office
* (2) Court
Court will provide (1) to defendant
What is the process if a criminal action is terminated in favor of the defendant?
The court will issue a Sealing Order, notify D.C.J.S. and the police agency, and records shall either be destroyed or returned to the defendant.
When is it mandatory that a Juvenile Delinquent be fingerprinted?
- 12 or older commits an A or B Felony
- 13 or older commits a C, D, or E Felony
- J.D. fingerprints get sent to DCJS
- Photos and palm prints can be kept in a PD file but must be confidential and separate from adults
What does §160.57 state regarding automatic sealing of convictions?
- The clock starts at completion of incarceration or sentence
- Subsequent conviction prior to the record being sealed restarts the clock
- 3 years- VTL 1192 or Misdemeanors
- 8 years- Felony
Must also have:
* No pending criminal charges
* No parole or probation
* Not a sex offense
* Not a class A Felony except 220 A Felonies
* Not an illegal alien
* No out of state felonies in last 8 years
What are the exceptions for sealed records that can be seen by certain entities?
- Defendant or her attorney
- Court and attorneys in criminal and civil cases
- Qualified agencies / firearms licensing agencies
- Police/peace officer prospective employer
- Investigator where law enforcement is accused
- Public program beneficiary / research purposes
- Government collecting fines, restitution, etc.
- Transportation network companies (CDL licensing)
- State Education Department investigating misconduct
- Office of Mental Health or Disabilities
- Department of Corrections / jail wardens
- Division of Criminal Justice Services
