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16 Cards in this Set
- Front
- Back
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After the accusatory instrument is filed the defendant must be arraigned there on and must be personally present at such a arraignment except for which two cases? |
1 a simplified information is filed and a procedure is provided by law that dispenses with the arraignment 2 when the defendant appearance is required by summons or appearance ticket to court May for good cause shown permit the defendant to appear by counsel |
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The defendant has a right to counsel or an adjournment to obtain counsel the right to make a free phone call to anywhere in the United States are Puerto Rico or free piece of paper to write a letter for the purpose of obtaining Council on forming a relative and the right to have counsel appointed if they cannot afford one except for what infractions? |
Traffic infractions |
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If a defendant waives his right to counsel how long does he have to exercise such right throughout the preceding? |
He may exercise the right at any time |
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Upon arraignment, unless the matter is being disposed of, then and there, the court must do what of two things ? |
Release the on his own recognizance or fix bail, no remand. The only exception to this is if the arraignment is upon a summons or appearance ticket in your attorney is appearing on your behalf. |
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At what point made defendant ask for a adjournment for purposes of bringing a motion to the Superior Court? |
Anytime before the entry of a plea of guilty or commencement of a trial or within 30 days of arraignment. |
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170.30 motion to dismiss. Under what 7 cases may a defendant move to dismiss an accusatory instrument ? |
1 it is defective 2 the defendant has received immunity 3 double Jeopardy 4 prosecution is untimely 5 the defendant has been denied right to speedy trial 6 jurisdictional or legal impediment to conviction of the defendant 7 dismissal is required in the furtherance of Justice |
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In general how long can motions to dismiss the accusatory instruments be made? |
45 days from arraignment and before commencement of a trial |
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170.35 motion to dismiss a defective Under what three situations is a local Criminal Court accusatory instrument defective? |
1 it is not sufficient on its face 2 the court does not have jurisdiction 3 the statute defining the offense is unconstitutional or invalid |
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170.40 motion to dismiss in the furtherance of Justice Motion to dismiss in the interest of Justice can be made by which three parties? |
1 the court itself 2 the people 3 the defendant |
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Under which scenario May a motion to dismiss in the interest of Justice be made? |
When there is no basis for dismissal as a matter of law, but such dismissal is required as a matter of judicial discretion due to some compelling factor or circumstance that demonstrates the conviction or prosecution of the defendant will result in an injustice . |
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170.55 acod When can a violation or misdemeanor be adjourned in contemplation of dismissal? Who's consent is necessary? |
Before the entry of a plea of guilty or commencement of the trial, upon motion of the people or the defendant and with the consent of the other party or the courts own motion with the consent of both people than the defendant. |
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How long can an ACOD be for a marijuana charge? |
It cannot exceed Twelve months. |
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Is it required for a defendant to enter a plea on a misdemeanor complaint? |
No. Misdemeanor complaints must be replaced by an information for prosecution to take place. However a defendant MAY waive prosecution by information and consent to be prosecuted by misdemeanor complaints. |
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If the misdemeanor complaint has not been converted to an information, how long does the court have before it must release the defendant? What are the two exceptions? |
No more than 5 days excluding Sundays . The two exceptions are : 1 the defendant consents the prosecution of a misdemeanor complaint. 2 good cause shown why defendant should not be released. |
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Anytime after arraignment on a charge of prostitution or loitering for the purpose of prostitution, where a person is 16 or 17, who has yet to enter a plea of guilty with consultation of counsel that person may consent to have the judge to what two things? |
1 conditionally convert switch charge to a PINS petition 2 order the provision of any of the specialized services in article 6 of The Social Services law. |
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When the court exercises the option to convert the matter to a PINS proceeding, regarding prostitution for a 16 or 17 year old, the defendant shall be deemed what? If the defendant does not remain in compliance with the conditions of the conversion, upon written application of the people prior to the individuals 18th birthday, the court may do What? |
A sexually exploited child. Restore the accusatory instrument |
