CPL- Session 8 Flashcards
What is the concurrent jurisdiction of the Family Court and the Criminal Court?
Both courts have concurrent jurisdiction over ‘family offenses’ committed between ‘members of the same family or household’.
Defined in the CRIMINAL PROCEDURE LAW and the FAMILY COURT ACT
What does the acronym M-S C-L-A-U-D-I-A. S-A-M-S S-H-I-R-T stand for in the context of family offenses?
M = MISCHIEF (CRIMINAL)
S = STALKING
C = COERCION 2ND and 3RD (SUBD. 1,2,3)
L = LARCENY 3RD OR 4TH
A = ASSAULT 2ND OR 3RD
U = UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE
D = DISORDERLY CONDUCT
I = IDENTITY THEFT
A = ATTEMPTED ASSAULT
S = SEXUAL MISCONDUCT
A = AGGRAVATED HARASSMENT 2ND
M = MENACING 2ND OR 3RD
S = SEXUAL ABUSE 3RD (AND 2ND, SUBD. 1)
S = STRANGULATION OR OBSTRUCTION
H = HARASSMENT 1ST OR 2ND
I = IDENTITY THEFT
R = RECKLESS ENDANGERMENT
T = TOUCHING (FORCIBLE)
LIST OF FAMILY OFFENSES
What constitutes members of the same household
- PERSONS RELATED BY BLOOD OR MARRIAGE
- PERSONS LEGALLY MARRIED
- PERSONS FORMERLY MARRIED
- PERSONS WHO HAVE A CHILD IN COMMON
- PERSONS WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF IF THEY HAVE EVERY LIVED TOGETHER
Are valid out of state orders of protection enforceable in NYS?
Yes
What must be filed in order for a temporary order of protection to be issued?
An accusatory instrument
Can criminal courts issue Family Court OOPs?
Yes criminal courts may issue family court orders of protection when Family Court is not in session
- In these instances the orders expire 4 days after issuance
- They can also issue emergency modifications to existing orders of protection
Who promulgates (makes known) uniform Orders of Protection and Temporary Orders of Protection to be used throughout the state
The Chief Administrator of the Courts
What may a T.O.P. require the defendant to do?
- Stay away from home, school, or business of the protected party
- Permit visitation
- Refrain from committing a family offense
- Refrain from creating unreasonable risk to health or safety
- Allow entry to remove belongings
- Refrain from harming companion animals
- Refrain from remote control of internet-connected devices
What happens to the firearm license when a T.O.P. is issued?
The court shall suspend the firearm license and order immediate surrender of firearms ** IF:**
* Defendant has a prior violent felony conviction
* Previous violation of an order of protection involving:
1. PI
2. Use of DW or DI
3. Commission of violent felony
4. Prior conviction of stalking
* Court may suspend where thedefendant may use or threaten use unlawfully
Define ‘Bounty Hunters’ as per New York law.
Bounty hunters are not police officers or peace officers and have no legal status beyond that of civilians.
HOWEVER: individuals may engage in agreements with bail bondsmen that significantly reduce their ordinary freedoms if they violate the conditions of the agreement. These agreements can allow for the person posting bail for them to take the defendant into custody anywhere in the state or empower someone **more than 20 years old ** to do so aka the bounty hunter
What is the difference between ‘rendition’ and ‘extradition’?
- Rendition: New York turns over an individual to another state
- Extradition: New York seeks an individual in another state as a defendant
What is the process for rendition in NYS?
- Another state issues a proper demand
- The Governor directs an investigation by AG or DA
- If deemed lawful Governor may issue a Governor’s Warrant of Arrest
- Directed to PO or anyone Governor sees fit
When can a Governor Warrant of Arrest be executed?
Anytime, anywhere within NYS
The person executing may command the aid of any PO or other person and they will have the powers conferred to a PO at the time of arrest.
What can happen if a person fails to assist in the execution of a Governor’s Warrant?
Failure to assist could result in criminal exposure as per 195.10 P.L.
This refers to Refusing to Aid a Police/Peace Officer.
What is the procedure for arrests made prior to a rendition request?
- Any person charged with a crime, fugitive from justice, has escaped, violated bail or probation or parole from another state
- Based on the oath of a credible person
- A NY local criminal court can issue a warrant
- Directed to any police officer
- Can be executed anywhere in NYS
- Returnable to the issuing court or any local criminal court convenient to the place of arrest
What is the maximum duration for which a person can be committed to county jail pending rendition?
N.M.T. 30 days
Bail can be set by a superior court judge unless the crime is punishable by death or life in prison.
What is the only issue considered when a request for rendition is made?
Identity of the subject.
Guilt or innocence is not considered.
Fill in the blank: ‘A subject who has waived extradition is immune from service of _______.
[civil process]
This is based on the same facts arising from the criminal action.
Subject determines they are wanted for extradition, voluntarily returns to the state seeking them or tells said state they can come get them from where they are currently. The individual thereby immunizes themselves from being served with civil processes related to the criminal action. Wanted for murder, can’t be served with wrongful death suit.
