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CPL ART #30 > Speedy Trial > Flashcards

Flashcards in Speedy Trial Deck (21)
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1

What type of offenses can be prosecuted at any time?

😠 Prosecution of 1️⃣ "CLASS A FELONIES",2️⃣RAPE IN THE 1st 3️⃣CRIMINAL SEXUAL ACT IN THE 1st 4️⃣AGGREVATED SEXUAL ABUSE IN THE 1st &5️⃣CHILD SEXUAL CONDUCT IN THE 1st

2

Besides Class A Felonies when shall all other felonies be commenced?

📌Besides class "A" Felonies all other felonies shall be commenced within 5 Years of commission (CHARGE).

3

For Misdemeanors & Petty Offenses when shall the actions be commenced?

📍For Misdemeanors within 2 years &
For Petty Offenes within "1 Year."

4

For Larceny cases by a Fiduciary in what time frame shall the action be commenced?

⛓For Larceny cases by a Fiduciary the action shall be commenced within "1 YEAR" of discovery ( or from the time when it should have reasonably been discovered)

5

For Public Officer Misconduct within what time frame shall the action be commenced?

🔴For Public Officer Misconduct the action must be commenced.🔴 " AT ANY TIME while party is still in office, or else shall be commenced up to "5YEARS" after termination, but not more than 5 years after commission.

6

How long do you have to commence any Enviornmental Conservation Law?

You have up to 4 years from the discovery.

7

How long do you have to commence an action for a Tax Misdemeanor & Administrative Code?

You have "3 YEARS" to commence the action.

8

When shall A Course of Child Sex Conduct in the 2nd Degree commence?

You have within "5YEARS" from the most recent act.

9

For "ANY SEX CRIME" against a child, within what period must the action be commenced?

The Action starts counting from the time the child turns "18" UNLESS, it was earlier reported to the POLICE or STATE REGISTER Of Child Abuse/Maltreatment.

10

For an Act of Terrorism how long do you have to commence the action?

For an Act of Terrorism you have "8YEARS" to commence the action. EXCEPT: Where the charge is death. ( Or Forseable risk therefor which can be then commenced at anytime.

11

When do time periods toll in regards to the commencement of actions in Criminal Courts?

🐺Time periods can toll (Stop) or (Pause) up to a maximum of an "additional "5 years" 🦕When a defendant is continuously out of the state, or if their whereabouts are unknown, and any information is unascertainable by due diligence.

12

For cases where Time Periods are "NOT" counted when shall the action be commenced?

For cases with no Time Period Rules. actions shall take place from commencement of prior action on related charges until dismissal.

13

In a Court of both "CIVIL" & CRIMINAL" jurisdiction which court gets preference?

The Criminal Court would get preference over the Civil Court, but if the defendant is committed that criminal court gets preference as well.

14

Once Proceedings have Commenced "THE PEOPLE" must be ready for Trial within how many months for "A FELONY"?

People must be ready for Trial within "6 MONTHS for a "FELONY" (NOT INCLUDING HOMICIDE)

15

Once Proceedings have Commenced "THE PEOPLE must be ready for Trial within how many days where the allowable sentence is more than "3MONTHS" for a "MISDEMEANOR"?

People must be ready within "90 DAYS"
for misdemeanor sentences over "3MONTHS"

16

Once Proceedings have Commenced "THE PEOPLE must be ready for Trial within how many days where the allowable sentence is less than "3MONTHS" for a "MISDEMEANOR"?

People Must be ready within "60 DAYS" for misdemeanor less than "3MONTHS"

17

Once Proceedings have Commenced "THE PEOPLE must be ready for Trial within how many days for a "VIOLATION"?

People must be ready within "30DAYS" for "VIOLATIONS" If so not ready, a motion for dismissal "MUST" be granted; however if the people were previously ready ready it "MAY" be denied.

18

Where a defendant is "COMMITTED" and charged with a "FELONY" If the people are not ready within how many days? Shall the court release the defendant.

The Court "SHALL" release the defendant if the people are not ready within "90 DAYS" only if respondent is "COMMITTED"

19

Where a defendant is "COMMITTED" and charged with a "MISDEMEANOR with time that can be more than "3 MONTHS" If the people are not ready within how many days? Shall the court release the defendant.

The Court "SHALL" release the defendant if the people are not ready within "30 DAYS" only if respondent is "COMMITTED"

20

Where a defendant is "COMMITTED" and charged with a "MISDEMEANOR with time that can be less than "3 MONTHS" If the people are not ready within how many days? Shall the court release the defendant.

The Court "SHALL" release the defendant if the people are not ready within "15 DAYS" only if respondent is "COMMITTED"

21

If A FELONY complaint is converted to- or replaced by an INFORMATION, Prosecutor's INFORMATION, MISDEMEANOR COMPLAINT, or an iNDICTMENT is Reduced to only a MISDEMEANOR/ PETTY OFFENSE AND FILED. When would the time limits commence for these actions?

The Time limits would commence from the "NEW" Instrument Filed. EXCEPT: if part of the time (Aggregate) already elapsed on prior instrument (not counting excluded period), together with the allowable limit on the current action would "EXCEED" "6MONTHS" (90 DAYS") if defendant is committed); Time limits remain from the filing of the initial accusatory instrument.