cpl 530 volume 2

Question 1

530.12 protection for victims of family offenses

5 a). Entry of an order of protection upon conviction

Upon a conviction of any crime or violation between spouses, parent and child, or between members of same family or household, the court may in addition to any other disposition, enter an order of protection, as follows:

• Felony = shall not exceed _____ from date of sentencing, or ________ from the date of expiration of maximum term of an indeterminate or determinate sentence of imprisonment.
• Class A misdemeanor = not to exceed _________ from date of sentencing.
• Any other offense = not to exceed _________ from date of sentencing.

Answer 1

5 years……. 3 years ……. 3 years…….. 1 year

In the year 5331… No one is having fun…

Question 2

530.12 protection for victims of family offenses

5 a). Entry of an order of protection upon conviction

Felony

Answer 2

Shall not exceed 5 years from date of sentencing, or 3 years from the date of expiration of maximum term of an indeterminate or determinate sentence of imprisonment

Question 3

530.12 protection for victims of family offenses

5 a). Entry of an order of protection upon conviction
Class A misdemeanor

Answer 3

Shall not to exceed 3 years from date of sentencing

Question 4

530.12 protection for victims of family offenses

5 a). Entry of an order of protection upon conviction

Any other offense

Answer 4

Shall not to exceed 1 year from date of sentencing

Question 5

530.12 protection for victims of family offenses

• Such order of protection shall be filed by the clerk of the court (and may be filed by ________ ) with the sheriff’s office of county or police department of city
• The order shall state the date such order _______

Answer 5

Complainant …. expires.

Question 6

530.12 protection for victims of family offenses

6(a). Court shall inquire as to existence of other orders of protection between the defendant and the person(s) for whom the order of protection is sought.

Answer 6

xx

Question 7

530.12 protection for victims of family offenses

7. A family offense occurring after the issuance of an order of protection under this section shall be deemed a ____________ for which a ______________ or Family Court petition may be filed.

Answer 7

new offense …….. new accusatory instrument

Question 8

530.12 protection for victims of family offenses

8. Clerk shall issue a copy of order of protection or TOP to complainant, defendant, defendant’s counsel and any other person affected by the order and relevant local correctional facility where individual will be detained, probation department or division of parole, or department of corrections and community supervision.

Answer 8

xx

Question 9

530.12 protection for victims of family offenses

9. If person is arrested on a family offense (without a pending case), the complainant may file a_________ and an ____________

Answer 9

Family Court petition …….. accusatory instrument.

Question 10

530.12 protection for victims of family offenses

10. Person may be additionally punished for _______ for violation of order of protection or TOP.

Answer 10

contempt

Question 11

530.12 protection for victims of family offenses

11. If person does not obey lawful order of the court issued under this section or issued by another court of competent jurisdiction, the court may:

• (a) revoke an order of recognizance or release under non-monetary conditions or revoke an order of bail or order forfeiture of such bail and commit the defendant to custody, or
• (b) restore case that was ACD and commit defendant to custody, or
• (c) revoke conditional discharge and impose probation supervision or imprisonment, or
• (d) revoke probation and impose imprisonment.

Answer 11

xx

Question 12

530.12 protection for victims of family offenses

12. ______________ shall promulgate statewide order of protection forms.

Answer 12

Chief administrator of the courts

Question 13

530.12 protection for victims of family offenses

13. Order of protection and TOP may be entered against former spouse or persons who have a child in common, regardless of whether they were ever married or ever lived together.

Answer 13

xx

Question 14

530.12 protection for victims of family offenses

• The People shall make reasonable efforts to notify _________ if they decline to prosecute, or dismiss the criminal charges, or enter into a plea agreement.
• People shall notify Family Court of any decision to file an accusatory instrument against a _________________

Answer 14

Complainant………… Family Court respondent.

Question 15

530.12 protection for victims of family offenses

15. Generally, motion to vacate or modify an order of protection or TOP shall be on notice to ___________ .

Answer 15

non-moving party,

Question 16

530.13 Protection of victims of crimes, other than family offenses.

The court may also issue a temporary order of protection in any criminal action in conjunction with any ______________ or an ___________________.

Upon conviction, the court may in addition to any other disposition issue an order of protection.

Answer 16

securing order……….. adjournment in contemplation of dismissal

Question 17

530.14 Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

• Upon issuance of a temporary order of protection under this article, the court may, and in some cases must order the suspension or revocation of a license to carry, possess, repair or dispose of a firearm and may also order surrender of all firearms owned or possessed.
• A defendant has a right to a hearing on the order of the suspension/revocation of a firearm license within __________ of the order.

Answer 17

14 days

Question 18

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.

When a criminal action is pending in a local criminal court, such court, upon application of a defendant, shall proceed as follows:
1.

(a) In cases OTHER than those where the charges are qualifying offense(s), the court shall:

• release the principal pending trial on ___________ or
• release the principal pending trial under ____________

The court shall explain the basis for its determination and choice of securing order on the record or in writing.

Answer 18

the principal’s own recognizance………..non-monetary conditions,

Question 19

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.

1
(b) Where the principal stands charged with a qualifying offense, the court may in its discretion release the principal pending trial

• on the principal’s own recognizance or
• under non-monetary conditions, or
• __________ or
• order non-monetary conditions in conjunction with ___________, or,
• where the defendant is charged with a qualifying offense which is a _________ , the court may commit the principal to the custody of the sheriff.
• The court shall explain its choice of securing order on the record or in writing.

Answer 19

fix bail,…….. fixing bail……felony

Question 20

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.

1

• When bail or remand is not ordered, and for which the court would not or could not otherwise require bail or remand, a defendant may request that the court set bail in ________ requested by the defendant;
• if the court is satisfied that the request is voluntary, the court shall set such bail in such amount.

Answer 20

a nominal amount

Question 21

530.20 Securing order by LOCAL CRIMINAL COURT when action is pending therein.

2. When the defendant is charged, with a felony by felony complaint, the LCC may

• order recognizance,
• release under non-monetary conditions, or,
• where authorized, fix bail, or order non-monetary conditions in conjunction with fixing bail, or
• commit the defendant to the custody of the sheriff except as otherwise provided in subdivision one of this section or this subdivision:

(a) A city court, a town court or a village court may not order recognizance or bail when:

• (i) the defendant is charged with a ______ felony, or
• (ii) the defendant has _____ previous felony convictions

(b) No local criminal court may order recognizance, release under non-monetary conditions or bail with respect to a defendant charged with a felony unless and until:

• (i) The _______ has been heard in the matter or has failed to appear at the proceeding or has otherwise waived his right to do so after notice; and
• (ii) The court and counsel for the defendant have received the defendant’s DCJS criminal record, if any, or a police department report with respect to the defendant’s prior arrest and conviction record.
• With consent of _______ , the report can be dispensed with or without consent in emergency situations.

Answer 21

class A . two.. district attorney……. the DA

Question 22

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT

1. When a criminal action is pending in a local criminal court, other than a Superior Court Judge sitting as LCC, a judge of a superior court holding a term in that county, upon application of a defendant, may order recognizance, release under non-monetary conditions or, where authorized, bail when such local criminal court:
   (a) __________ to issue such an order; or
   (b) Has _______ an application for recognizance, release under non-monetary conditions or bail; or
   (c) Has fixed bail which is _________; or
   (d) Has set a securing order of release under non-monetary conditions which are__________ than necessary

Answer 22

Lacks authority… denied…. excessive……. more restrictive

Question 23

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT

1

Following a LCC defendant’s application to the superior court due to LLC’s inability or refusal to issue securing order other than commitment to sheriff:

The superior court judge may:

• vacate the order and release the defendant on recognizance or under non-monetary conditions, or
• where authorized, fix bail in a lesser amount or in a less burdensome form, or
• order non-monetary conditions in conjunction with fixing bail, including fixing bail in a lesser amount or in a less burdensome form
• The court shall explain the basis for its determination and choice of securing order on the record or in writing.

Answer 23

XX

Question 24

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT

2. when the defendant is charged with a _______ in a local criminal court, a superior court judge may not order recognizance, release under non-monetary conditions or, where authorized, bail unless and until the __________ has had an opportunity to be heard in the matter and such judge and counsel for the defendant have been furnished with the defendant’s DCJS or Police criminal report, if there is one

Answer 24

Felony………. district attorney

Question 25

§ 530.30 Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in LOCAL CRIMINAL COURT 3. **Not more than ________ application(s) may be made pursuant to this section.

Answer 25

one (1)