CPL Article 120 Flashcards Preview

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Flashcards in CPL Article 120 Deck (15)
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1

When a juvenile offender is arrested, the arresting officer must immediately notify the parent or other person legally responsible for his care, or _______________.

The person with whom he is domiciled


CPL 120.90

2

A warrant of arrest is issued by the court where __________.

The accusatory instrument has been filed


CPL 120.30

3

T/F A probation or parole officer cannot execute a warrant of arrest.

True. If defendant is on parole or probation


CPL 120.55

4

A warrant of arrest issued by a district court may be executed __________.

Anywhere in the state


CPL 120.70

5

When may a warrant of arrest be executed?

24/7


CPL 120.80

6

T/F a warrant of arrest is issued before the filing of an accusatory instrument

False


CPL 120.20

7

T/F A warrant of arrest contains the date of commission of the offense.

False. Contains issuance of the warrant


CPL 120.10

8

T/F a warrant of arrest may be issued after the filing of any accusatory instrument

False. Cannot be filed for simplified traffic infraction


CPL 120.20

9

T/F Where the offense charged is a simplified traffic infraction, a warrant of arrest may be issued after filing of an accusatory instrument.

False


CPL 120.20

10

Warrant of arrest issued by city, town, or village court can be executed in county of issuance or adjoining county (or anywhere in NYS upon the written endorsement of _________ in which arrest is to be made).
A. Police officer
B. A LCC of county
C. A peace officer
D. None of the above

B. A LCC of county


CPL 120.70

11

A warrant of arrest may be executed _________.
A. Only on business days
B. Any day of the week, except Sunday
C. Any day of the week, during daylight hours
D. Any day of the week, any hour of day or night

D. Any day of the week, any hour of day or night



CPL 120.80

12

Which of the following is false? Warrant of arrest:
A. Is issued by a LCC after the filing of an accusatory instrument
B. Directs a police officer to arrest s defendant and bring him to court for arraignment
C. Is signed by the issuing police or peace officer
D. Contains that date of issuance of the warrant

C. Is signed by the issuing police or peace officer



CPL 120.10

13

Relating to the issuance of a warrant of arrest, which of the following statements is not correct? The court:
A. Must issue a warrant of arrest after filing of an accusatory instrument
B. May refuse to issue warrant if not satisfied there is reasonable cause to believe that defendant committed offense
C. May not issue a warrant of arrest if it is satisfied that defendant will respond to a summons
D. May authorize DA to direct defendant to appear for arraignment if it is satisfied defendant will do so instead of a warrant of arrest or summons

A. Must issue a warrant of arrest after filing of an accusatory instrument

CPL 120.20

14

Choose the best answer: a warrant of arrest issued by a district court, NYC criminal court or a superior court judge sitting as a LCC can be executed ____________.
A. Only in county of issuance
B. Only in county of issuance or adjoin gin county
C. Only in judicial department where issued
D. Anywhere in the state

D. Anywhere in the state



CPL

15

T/F upon request of DA, court may authorize DA to direct defendant to appear for arraignment if it is satisfied defendant will do so (instead of issuing a warrant of arrest or summons)

True.


CPL 120.20