FCA ART 3 VOLUME 2 Flashcards
FCA 306.1 FINGERPRINTING
Arresting officer MUST take prints if:
Child is TWELVE OR OLDER - CHARGED WITH ______________
Child is THIRTEEN OR OLDER - CHARGED WITH _____________
A OR B FELONY …….. C, D OR E FELONY
FCA 306.1 FINGERPRINTING
Whenever fingerprints are taken, palm prints and photos (MAY/SHALL) be taken
MAY
FCA 306.1 FINGERPRINTING
Upon the taking of fingerprints The appropriate officer or agency shall, without unnecessary delay, forward such fingerprints to ____________ and (SHALL/SHALL NOT) retain such fingerprints or any copy thereof.
the division of criminal justice services ….. SHALL NOT
FCA 306.1 FINGERPRINTING
Copies of ___________ taken pursuant to this section shall be kept confidential and only in the exclusive possession of such law enforcement agency, separate and apart from files of adults.
photographs and palmprints
FCA 306.2. FINGERPRINTING – DUTIES OF DCJS*
Fingerprints Must be forwarded immediately to DCJS who will search its records for information concerning an adjudication or pending matter involving the person arrested. DCJS will promptly transmit its report and findings regarding the arrested person to the forwarding officer or agency.
- UPON receipt of a report from DCJS, the recipient officer shall send __________ to the family court in which the proceeding is pending and __________ to the presentment agency (family court’s version of the DA).
- The Presentment agency shall then provide a copy to counsel for the __________
TWO (2) COPIES ………. TWO (2) COPIES……… respondent.
FCA 307.1 APPEARANCE TICKET.*
An appearance ticket is a written notice given to a respondent, after his/her arrest, to appear at a designated ______________ in connection with the child’s alleged commission of a crime.
probation service
FCA 307.1 APPEARANCE TICKET.*
If the respondent is alleged to have committed a designated felony act, the return date of the appearance ticket must be no more than ___________ after the issuance of the appearance ticket, excluding ________ . In all other situations the return date must be within____________ after issuance.
SEVENTY-TWO (72) HOURS……. Saturdays, Sundays and public holidays………. FOURTEEN (14) DAYS
FCA 307.1 APPEARANCE TICKET.*
A copy of the family court appearance ticket shall be forwarded by the issuing person or agency to the complainant, respondent, respondent’s parent/PLR, and appropriate probation service within ___________ after its issuance.
TWENTY-FOUR (24) HOURS
FCA 307.1 APPEARANCE TICKET.*
The appearance ticket procedures take place (BEFORE/AFTER) the filing of a petition.
before
FCA 307.1 APPEARANCE TICKET.*
The probation service may “adjust” (settle the matter) certain cases without the approval of the court (no petition has been filed at this point. The court is not involved.) (Sec. 308.1(3) & (4)).
FCA 307.1 APPEARANCE TICKET.*
The probation service may “adjust” (settle the matter) certain cases without the approval of the court (no petition has been filed at this point. The court is not involved.) (Sec. 308.1(3) & (4)).
FCA 307.1 APPEARANCE TICKET.*
__________________ CASES ARE NOT ADJUSTABLE. They are brought right to court.)
DESIGNATED FELONY
FCA 307.2 - FAILURE TO APPEAR
If the child (alleged perp) or _______ fails to appear on the return date, the probation service may REFER the matter to the Presentment Agency OR may attempt to secure the attendance of the child or _____________(phone call, letter to parent).
[or complainant] ………. [or complainant]
FCA 307.2 - FAILURE TO APPEAR
If the probation service has not secured the child’s attendance within ___________ the case MUST be referred to the Presentment Agency.
SEVEN (7) DAYS
FCA 307.3 PRE-PETITION DETENTION
If a child is brought to a detention facility BEFORE a petition has been filed, the following procedures apply:
(1) Detention Facility (MUST/MAY) release the child if:
- (a) the events occasioning the taking into custody do not appear to involve allegations that the child committed a delinquent act.
(2) If the child has not been released under sub. (1) above, and it appears the child did commit a delinquent act, then the Detention Facility MAY release the child WHEN __________
(3) When practicable, in all other situations, if the child is so released, an ____________ must be issued.
(4) If the child is NOT RELEASED, he/she (MUST/MAY) be brought before the Family Court and if the Family Court is not in session, the youth shall be brought to the most accessible magistrate, if any, designated by the appellate division of the supreme court in the applicable department.
However, if a magistrate is not available, such youth shall be brought before such family court within __________ hours or _____________ , whichever is SOONER.
MUST….PRACTICABLE………. APPEARANCE TICKET………. MUST……… SEVENTY-TWO (72)……….. the next day court is in session
307.4- PRE-PETITION HEARING*
If a child in custody is brought to the family court before a petition is filed, the judge shall hold a hearing to determine if the court has _____________
jurisdiction over such child
307.4- PRE-PETITION HEARING*
At such hearing an “attorney for the child” (MUST/MAY) be appointed if no other counsel has appeared
MUST
307.4- PRE-PETITION HEARING*
After the hearing the judge shall order the release of the child to parents or guardian if:
- The court does not appear to have jurisdiction
- The child does not appear to have committed a delinquent act
- The acts committed do constitute juvenile delinquency but the court does not find or state the facts, which would support detention
307.4- PRE-PETITION HEARING*
After the hearing the judge shall order the release of the child to parents or guardian if:
- The court does not appear to have jurisdiction
- The child does not appear to have committed a delinquent act
3.The acts committed do constitute juvenile delinquency but the court does not find or state the facts, which would support detention
307.4- PRE-PETITION HEARING*
Such hearing will be held within __________ of the time the detention began or the next day the court is in session whichever is sooner
SEVENTY-TWO (72) HOURS
307.4- PRE-PETITION HEARING*
Within ______________ of the conclusion of this “hearing following detention”, a petition shall be filed and a probable cause hearing may be held if the respondent denies the charges (FCA 325.1). If the petition is not filed within the __________ the child shall be released … (This is similar to CPL 170.70 Or 180.80)
FOUR (4) DAYS ………… FOUR (4) DAYS
307.4- PRE-PETITION HEARING*
Upon a finding of facts and reasons to support detention the court shall also determine and state in any order directing detention:
- Whether continuation of the child in the child’s home would be contrary to the best interests of the child
- With the need for protection of the community, whether reasonable efforts were made prior to the date of the court hearing to prevent or eliminate the need of the removal of the child from his or her home
307.4- PRE-PETITION HEARING*
Upon a finding of facts and reasons to support detention the court shall also determine and state in any order directing detention:
- Whether continuation of the child in the child’s home would be contrary to the best interests of the child
- With the need for protection of the community, whether reasonable efforts were made prior to the date of the court hearing to prevent or eliminate the need of the removal of the child from his or her home
FCA 308.1 Adjustment of cases*
The purpose of having the child appear before a probation officer is to see if the case can be _________ and avoid a delinquency proceeding.
“adjusted”
FCA 308.1 Adjustment of cases*
DESIGNATED FELONIES shall not be adjusted without written approval from:
A. The Presentment agency
B. The Respondent
C. The Court
D. The local Probation service
C. The Court
FCA 308.1 Adjustment of cases*
The following offenses shall not be adjusted where the child has previously had one or more adjustments of a case in which such child allegedly committed an act which would be a crime specified in this subdivision unless it has received written approval from the court and the appropriate presentment agency:
- reckless endangerment 1
- sexual abuse 1
- coercion 1
- criminal possession of a dangerous weapon 1
- manslaughter 2
- criminal possession of a weapon 2 & 3
- rape 3
- arson 3
- criminal sexual act 3
- burglary 3
- robbery 3
The following offenses shall not be adjusted where the child has previously had one or more adjustments of a case in which such child allegedly committed an act which would be a crime specified in this subdivision unless it has received written approval from the court and the appropriate presentment agency:
reckless endangerment 1
sexual abuse 1
coercion 1
criminal possession of a dangerous weapon 1
manslaughter 2
criminal possession of a weapon 2 & 3
rape 3
arson 3
criminal sexual act 3
burglary 3
robbery 3
FCA 308.1 Adjustment of cases*
Efforts at adjustment pursuant to rules of court under this section may not extend for a period of more than ___________ without leave of the court which may extend the period for an additional ____________
THREE (3) MONTHS …………. TWO (2) MONTHS
FCA 308.1 Adjustment of cases*
If the case is not adjusted by the probation service, they must notify the Presentment Agency WITHIN _____________ , or ______________ , whichever occurs SOONER.
FORTY-EIGHT (48) HOURS…..the next court day
FCA 308.1 Adjustment of cases*
The probation service shall consider the views of the ___________ and the impact of the alleged act or acts of juvenile delinquency upon the complainant and upon the community in determining whether adjustment under this section would be suitable.
complainant
FCA 308.1 Adjustment of cases*
If the respondent is found to have not committed an act which would constitute a juvenile offense, designated felony, or any of the [above] acts, then it may be referred to probation for ______________
adjustment
FCA 308.1 Adjustment of cases*
If a __________ OR ___________ YEAR OLD RESPONDENT is found to have only committed a violation, it (MAY/SHALL) be referred to probation for ____________unless good cause shown
SIXTEEN (16)………… SEVENTEEN (17)….. MAY……….. adjustment
FCA 309.1. Community based treatment referrals. (New)
- A youth who is released prior to the filing of a petition shall be made aware of and referred to community based organizations offering various voluntary services
- Only Information ___________ shared by the youth regarding use of such services may be used in the proceedings
VOLUNTARILY
FCA 310.1 PRESENTMENT AGENCY
Only the ____________ may originate a JD proceeding
presentment agency (Remember Article 216C DOES NOT APPLY TO JDS.)
FCA 310.1 PRESENTMENT AGENCY
If the appropriate agency does not originate a proceeding within __________ of receipt of notice from the probation service that a case was not adjusted, it shall notify in writing the _____________ of that fact.
THIRTY (30) DAYS …….. COMPLAINANT
FCA 310.2 SPEEDY TRIAL
After petition filed or on signing of order of removal pursuant to CPL 725, the respondent is entitled to __________
speedy trial (fact finding hearing).
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
- Petition is WRITTEN ACCUSATION by AUTHORIZED PRESENTMENT AGENCY
- Petition MUST CHARGE AT LEAST ONE (1) CRIME
- Must contain:
a. name of family court
b. title of action
c. fact that respondent is a person of the necessary age to be a juvenile delinquent.
d. separate accusation or count as to each crime charged
e. specific (precise) crimes charged
f. that crime charged was committed in designated county
g. that each crime was committed on a designated (specific) date at a designated (specific) time
h. plain or concise factual statement in each count supporting crime charged
i. Name or names of co-respondents charged
j. statement that respondent requires supervision, treatment or confinement.
k. signature of appropriate _______________________
- Petition must be verified (sworn to)
- If charging a Designated Felony Act - petition must so state, and it must be marked DESIGNATED FELONY ACT PETITION in prominent place.
Designated Felony Act Petition title is stricken if all allegations are dismissed, withdrawn, or acts are not found to be designated felonies after a hearing.
- Form of petition is prescribed by Chief Administrator of Courts
A petition shall be entitled “In the Matter of”, followed by the name of the respondent.
presentment attorney
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
- Petition is WRITTEN ACCUSATION by AUTHORIZED _______________
A. Local Probation Service
B. Complainant
C. Presentment Agency
D. Police Department
PRESENTMENT AGENCY
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
- Petition MUST CHARGE AT LEAST ONE (1) _______
CRIME
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
Petitions must contain the signature of ____________
A. Complainant
B. Assigned Judge
C. Local Probation Service
D. Appropriate presentment attorney
D. Appropriate presentment attorney
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
Petition (MUST/MAY) be verified (sworn to).
MUST
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
If charging a Designated Felony Act - petition must so state, and it must be marked ______________ in prominent place.
Designated Felony Act Petition title is __________ if all allegations are dismissed, withdrawn, or acts are not found to be designated felonies after a hearing.
DESIGNATED FELONY ACT PETITION…. stricken
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
Form of petition is prescribed by ______________
A petition shall be entitled “_____________
A. The People of the State of ….
B. The People of the County of….
C. “In the matter of” followed by the name of the respondent.
D. “In the matter of” followed by the name of the complainant.
Chief Administrator of Courts……….. “In the matter of” followed by the name of the respondent.
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
Order of removal (from criminal court), when filed with the Clerk of Court, IS DEEMED ____________
When an order of removal pursuant CPL 725 is filed with the clerk of the court, such order and those pleadings and proceedings, other than the minutes of any hearing inquiry or trial, grand jury proceeding, or of any plea accepted or entered, held in this action that has not yet been transcribed shall be transferred with it and shall be deemed to be a petition containing all of the allegations required by this section, even if not in the manner described above.
Where the order or the grand jury request annexed to the order specifies an act that is a designated felony act, the clerk shall annex to the order a sufficient statement and marking to make it a designated felony act petition.
The date such an order is filed with the clerk of the court shall be deemed the date a petition was filed
For purposes of service only the order of removal shall be deemed the petition (may be only for Designated Felony acts?).
THE PETITION.
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
When an order of removal pursuant CPL 725 is filed with the clerk of the court:
The date such an order is filed with the clerk of the court shall be deemed the date _________
a petition was filed
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
When an order of removal pursuant CPL 725 is filed with the clerk of the court:
For purposes of service only the ___________ shall be deemed the petition
order of removal
FCA 311.1 PETITIONS – DEFINITIONS AND CONTENTS
When an order of removal pursuant CPL 725 is filed with the clerk of the court:
All minutes of any hearing inquiry or trial held in this action, the minutes of any grand jury proceeding and the minutes of any plea accepted and entered shall be transferred to the family court within _________________
THIRTY (30) DAYS.
The minutes take a month!
311.5. Amendment of the petition.
If a petition is not sufficient, it is subject to dismissal by the court unless it can be properly amended under Sec. 311.5. T/F?
TRUE
FCA PART 311.3 - PETITION; FACT FINDING HEARING
The court shall conduct a single or consolidated hearing when ____________ respondents are charged in separate petitions with the same crime, however a motion for separate hearing may be granted for good cause shown
TWO (2) OR MORE
FCA 311.2. SUFFICIENCY OF PETITION.
A petition, or a count thereof, is sufficient on its face when:
- it substantially conforms to the ____________ prescribed; and
- the allegations of the factual part of the petition, together with those of any supporting depositions provide reasonable cause to believe that the respondent ___________ the crime or crimes charged; and
- non-hearsay allegations of the factual part of the petition or of any supporting depositions establish, if true, every ______________ of each crime charged and the respondent’s commission thereof.
requirements……….committed……… element
FCA 311.3. PETITION; FACT-FINDING HEARINGS.
When ____________ respondents are charged in separate petitions with the same crime or crimes the court shall conduct a single or consolidated fact-finding hearing.
Upon motion and good cause shown, they (MAY/SHALL) be held separate
If such petitions, in addition to charging the same crime or crimes against the different respondents, charge other crimes not common to all, the court may still conduct a single fact-finding hearing for the crime or crimes common to all.
TWO (2) OR MORE…….. MAY
FCA PART 311.4 - SUBSTITUTION OF PETITION OR FINDING*
At any time the court on its own motion or upon motion of the ____________ with the consent of the presentment agency may order the substitution of a _______________ for a JD petition
At the conclusion of the dispositional hearing, the court on its own motion or upon motion of the ____________ may substitute a finding that the person is a_______________ for a finding that the person is a JD
There is new law regarding an arrest for prostitution where the victim meets the criteria for trafficking. Here upon a motion by the respondent (WITH/WITHOUT) the consent of the presentment agency, a __________________________ shall be substituted for a delinquency petition
Respondent…… “person in need of supervision” petition….. FCA Article 7……… respondent …… “person in need of supervision” FCA Article 7….petition for a person in need of supervision………….. WITHOUT
FCA PART 311.5. AMENDMENT OF THE PETITION.-
Any time before or during the ___________ , the court upon application of the presentment agency with notice to the respondent and opportunity to be heard can amend the petition as to certain defects and errors as long as it does not prejudice the respondent on the merits.
Such errors may include matters (and similar matters) of:
F
T
P
N
An adjournment request by the respondent (MUST/MAY) be granted.
fact finding hearing
form
time
place
names of persons
MUST
FCA PART 311.5. AMENDMENT OF THE PETITION.-
A petition may not be amended for:
FLeM
Failure to charge or state a crime
Legal insufficiency of the factual allegations
Misjoinder of crimes
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
_________ acts are joinable and can be included in separate counts in same petition when:
- Based on same act or criminal_____________
- Different transactions, but proof in one is _______________ to proving the other at fact Finding hearing,
- Defined by same statutes and are same or similar ______________
TWO (2)………… material……….in law
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
When _________ or more petitions against the same respondent charge different crimes of a kind that are joinable in a single petition the court may, upon application of either the presentment agency or respondent order that such petitions be consolidated and treated as a single petition for trial purposes.
If the respondent requests consolidation with respect to crimes which are of a kind that are joinable in a single petition by reason of being based upon the same act or criminal transaction, the court (MUST/MAY) order such consolidation unless good cause to the contrary be shown.
TWO (2)…. Must
FCA PART 311.6 - JOINDER, SEVERANCE AND CONSOLIDATION*
In any case where _________ or more crimes or groups of crimes charged in a petition are based upon different criminal transactions, and where their joinability rests solely upon the fact that such crimes, or as the case may be at least one offense of each group, are the same or similar in law, the court, in the interest of justice and for good cause shown, may upon application of either the respondent or the presentment agency order that any one of such crimes or groups of crimes be tried separately from the other or others, or that ____________ or more thereof be tried together but separately from _________ or more others thereof.
TWO (2) ……….. TWO (2) …….. TWO (2)
BARD EXPLANATION: It states that if a person is charged with two or more crimes that are based on different criminal transactions, and if the only reason that the crimes can be tried together is because they are the same or similar in law, then the court can order that the crimes be tried separately. This can be done at the request of either the respondent or the presentment agency}
FCA PART 312.1 Issuance and service of summons*
After a petition is filed, a summons along with a copy of the petition may be issued directing the appearance of the respondent and parent/guardian /PLR for the Initial Appearance, at the time and place indicated in the summons.
The _________ OR _________ signs such summons
judge or the clerk of the court
FCA PART 312.1 Issuance and service of summons*
Service of the summons and petition shall be made by delivery to the person summoned at least____________ before the time stated for appearance. If personal service cannot be made the court may make an order for service in any manner
TWENTY-FOUR (24) HOURS
