Proper Courts for Arraignment- Session 10 Flashcards
(8 cards)
Upon processing an arrest, a prisoner who is not released upon a desk appearance ticket must be presented to an appropriate local criminal court for arraignment …
“Without unnecessary delay”
What court should a prisoner be taken for arraignment to the following arrest on a (Violation of Misdemeanor Offense)
City, Town or Village Court where the offense was committed.
If a village in which the offense is committed has a court, then the prisoner must go to Village and not Town Court
What court should a prisoner be taken for arraignment to the following arrest on a (Felony Offense)
- City Court in the city in which the offense was committed.
OR - Any Town or Village Court in the county in which the offense was committed
If a prisoner is arrested without a warrant and the PRIMARY arraignment court, is not available
AND
The offenses charged do not include any Class A-D Felony or a violation of Penal Law sections in acronym B-E-A2-R the prisoner should be taken to an alternative court.
Outline the Town, Village and City alternative courts:
Town:
1st Alternative Courts:
* Any Village Court within the town
* Town Court in any adjoining town within the County
* Any Village Court within any adjoining town within the County
* Any City Court within the County
NO 2nd ALTERNATIVE
Village:
1st Alternative Courts:
* Town Court of the town in which the village is situated
* Any other village court within the town
2nd ALTERNATIVE
* Town Court in any adjoining town within the same county
* Any Village Court in any adjoining town within the same county
* Any City Court within the county
City:
1st Alternative Courts:
* Town Court of any adjoining town
* Village Court of any adjoining village within the same county
* Any Village Court in any adjoining town within the same county
NO 2nd ALTERNATIVE
Village is most often tested
E Felony NO DAT for:
B = Bail Jumping 2nd (PL- 215.56)
E = Escape 2nd (PL- 205.10)
A2 = Absconding from Temporary Release 1st (PL- 205.17)
A2 = Absconding from a Community Treatment Facility (PL- 205.19)
R = Rape 3rd (PL- 130.25)
If a defendant was arrested upon a warrant, he or she should be taken to the issuing court for arraignment when the defendant is arrested in which locations?
- The warrant was issued by a court in the county of arrest
or - An adjoining county
or - The crime named in the warrant is a felony offense.
If a prisoner was arrested upon a warrant and the issuing court is not available what is necessary to bring the prisoner to an alternative court?
A copy of the accusatory instrument must be attached to the warrant
Prisoners arrested upon delegation of a warrant of arrest, should be delivered to:
- A police officer or department to which the warrant is addressed
Note: If prisoner is not delivered to such individuals within 2 hours following arrest,
and
* The warrant is:
1. Non-felony
-and-
2. Warrant issued by a court of a non-adjoining county
-and-
3. Prisoner is not in default of bail
Such prisoner has the option to be taken to a local criminal court for the purpose of setting bail or release on his or her own recognizance.
A waiver of this right must be made in writing.
In any case a County or Supreme Court judge may sit as the local criminal court in what locations?
In the county where they either reside or preside.
