day 3: criminal process

Question 1

complaint

Answer 1

the written statement of facts alleging that an offense has been committed and that the defendant committed it: The Who, what, and where and how (top of complaint summons/warrant)

Question 2

probable cause

Answer 2

an offense has been committed and the person accused probably committed it

Question 3

certification

Answer 3

to affirm to tell the truth: only requires signature of person certifying

Question 4

oath (both)

Answer 4

to swear to tell the truth: requires signature of person swearing to the oath and person administering the oath

Question 5

basis for probable cause (CAST)

Answer 5

1. complaint 2. affidavit 3. sworn testimony

Question 6

judicial determination of probably cause I needed on

Answer 6

1. all warrants 2. if the complaining witness is a private citizen

Question 7

ACCEPT:

Answer 7

to complete the top section (complaint section) of a complaint/summons or warrant/summons. “accept for filing”

Question 8

ISSUE:

Answer 8

to issue a complaint or find probable cause on the complaint by means of a summons or warrant.

Question 9

form of process

Answer 9

summons(CDR-1) or warrant (CDR-2)

Question 10

who can serve a UTT or special complaint and summons

Answer 10

law enforcement officer, and code enforcement officer if its within the scope of the authority and jurisdiction

Question 11

law enforcement contacts judicial officer who:

Answer 11

1. determine probable cause 2. decides form of process-warrant-is criteria met? 3. makes a bail determination only if the offense is a petty disorderly offense

Question 12

3:3-1(e)

Answer 12

mandatory warrant

Question 13

7:2-2(e)

Answer 13

outlines circumstances where warrant may be issued -if meets criteria, put on a warrant -if not officer puts on a summons warrant criteria

Question 14

who issues the complaint when probably cause is found?

Answer 14

whoever finds it signs it. the judicial officer who finds the probable cause issues the complaint

Question 15

3:3-1(e) criteria

Answer 15

mandatory warrant
1. murder
2. aggravated manslaughter
3. aggravated sexual assault
3. robbery
5. carjacking
6. escape
7. attempting to commit any of the above crimes
8. where the defendant has been extradited from another state for the current charge

Question 16

7:2-2(e) (f.o.r.d)

(TIP; you can’t afFORD to get a warrant)

Answer 16

warrant criteria
1. Failure to appear in past
2. Outstanding warrant
3. Reason to believe defendant will f.t.a
4. Danger to self or others

Question 17

who can authorize a arrest warrant by telephone

Answer 17

ONLY A JUDICIAL OFFICER! A LAW ENFORCEMENT OFFICER CAN NOT

Question 18

issuance of complaint warrant (cdr-2)

Answer 18

a cdr-2 may issue if the judicial officer finds that probably cause exists and the factors in rule 7:2-2(e) apply
if judicial officer does not find justification for a warrant under rule 7:2-2(e) the judicial officer may issue a summons
(if you do not find prob cause always get a second opinion from a judge)

Question 19

who has authority to set bail?

Answer 19

court judge
when authorized by JMC court administrator
authorized by JMC deputy court administrator

Question 20

is bail ever set on a summons?

Answer 20

NEVER EVER NO

Question 21

a court admin or deputy may set bail if :

Answer 21

if authorized by judge
if judge is absent
only on a warrant for petty disorderly person offenses or for a bench warrant
bail schedule 2

Question 22

bail schedule 1

Answer 22

superior court judges only (serious offenses) NOT for municipal court judge/admin/deputy

Question 23

bail schedule 2

Answer 23

municipal court judge
authorized court admin
authorized deputy court admin

Question 24

3:26-1 & 7:4-1

Answer 24

bail criteria (right to bail)
factors to consider whom setting bail

Question 25

3:26-1 & 7:4-1 criteria (s.e.l.f)

(TIP: you can’t bail yourS.E.L.F out of jail)

Answer 25

bail criteria
1. Seriousness of crime
2. Employment status
3. Length of residence
4. Family ties

Question 26

are criteria for a summons v warrant (7:2-2(e))the same as criteria for setting bail (3:26-1, 7:4-1)

Answer 26

NO BITCH NO!!!!!

Question 27

accept for filing

Answer 27

accept every complaint made by any person (literally an person)

Question 28

should you accept a complaint made by any person if there is information missing?

Answer 28

YES ALWAYS ACCEPT

Question 29

after accepting for filing a complaint must be generated and printed for the __________ signature

Answer 29

complaint witness’s

Question 30

filing a complaint in municipal court is not _____

Answer 30

a charging document

Question 31

if no probable cause is found or the statutory Tim limitation has expired __________

Answer 31

forward to judge for review!!

Question 32

the citizen complaint charging an indictable offense shall be reviewed by the _____ for a ______ finding

Answer 32

judge ; probable cause

Question 33

service is effective by:

Answer 33

-giving a copy of the complaint to defendant
-handing to a competent member of household 14 years or older

Question 34

processing indictable complaints must be transferred within what time frame ?

Answer 34

must be transferred immediately upon issuance

Question 35

does court admin handle penalty enforcement actions the same as any other case?

Answer 35

YES

Question 36

does the judge handle penalty enforcement actions differently?

Answer 36

YES, bc it Is civil

Question 37

mediation

Answer 37

the referral of s dispute to an impartial person (mediator) who aids the participants to resolve their differences themselves sessions are confidential

Question 38

when requested for an expunged record how should you respond?

Answer 38

there is no record.