Emily Deragon
Quiz by , created about 1 month ago

Civil exam Criminal Procedure Law Quiz on CPL 410-430, created by Emily Deragon on 20/10/2024.

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Emily Deragon
Created by Emily Deragon about 1 month ago
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CPL 410-430

Question 1 of 22

1

Defendant must be present if court relaxes or eliminates on of the conditions of probation

Select one of the following:

  • True
  • False

Explanation

Question 2 of 22

1

When the court relaxes the conditions of probation and the defendant is not present, the court must notify the defendant within __ days of such modification

Select one of the following:

  • 10

  • 20

  • 30

  • 40

Explanation

Question 3 of 22

1

Select from the dropdown lists to complete the text.

A person on probation is in legal custody of ( the court, DCJS, a secure facility, the DA ) and under supervision of ( the probation department, DCJS, the corporate counsel )

Explanation

Question 4 of 22

1

The court may NOT revoke a sentence of probation unless: (2 requirements)

Select one or more of the following:

  • it finds defendant violated conditions

  • it has given the defendant an opportunity to be heard

  • the defendant has been doing well on probation

  • a charge is reduced or dismissed

Explanation

Question 5 of 22

1

Court may at any time terminate a period of conditional discharge or probation other than

Select one of the following:

  • lifetime probation

  • probation over 12 months

  • probation that resulted from a class A felony

Explanation

Question 6 of 22

1

Defendant must be present where the court:

Select one of the following:

  • relaxes conditions of conditional discharge

  • modifies any condition of probation

  • relaxes condition of conditional discharge or probation

  • enlarges any condition of probation

Explanation

Question 7 of 22

1

Choose the best answer: The court may not revoke a sentence of probation or conditional discharge unless:

Select one of the following:

  • a court found defendant has not violated condition

  • defendant has had an opportunity to be heard

  • Both of the other options

Explanation

Question 8 of 22

1

Which of the following regarding a hearing on violations is false?

Select one of the following:

  • hearing must be a summary one

  • hearing must be with a jury

  • defendant may present evidence in his own behalf

  • finding must be based upon a preponderance of the evidence

Explanation

Question 9 of 22

1

In sentence of probation or conditional discharge commission of another offense (other than traffic infraction):

Select one of the following:

  • constitutes grounds for revocation of sentence in any case

  • constitutes grounds for revocation of sentence only if so specified as a condition of sentence

  • constitutes grounds for relaxation of conditions

  • none of the above

Explanation

Question 10 of 22

1

Failure to pay a fine for felony: additional sentence is up to:

Select one of the following:

  • 1 year

  • 2 years

  • 3 years

Explanation

Question 11 of 22

1

Failure to pay a fine for a misdemeanor: additional sentence is up to __

Select one of the following:

  • 1/3 of authorized sentence

  • 2/3 of authorized sentence

  • 3/4 of authorized sentence

Explanation

Question 12 of 22

1

Failure to pay a fine for a petty offense: additional sentence is up to ___

Select one of the following:

  • 5 days

  • 10 days

  • 15 days

  • 30 days

Explanation

Question 13 of 22

1

where sentence is imprisonment as well as a fine, restitution or reparation is imposed, aggregate of the period and the term of the sentence may NOT exceed ___

Select one of the following:

  • maximum authorized term of imprisonment

  • 50 years

  • 20 years

  • 30 years

Explanation

Question 14 of 22

1

When must a corporation pay its fine?

Select one of the following:

  • at the time sentence is imposed

  • at any time, not to exceed 2 years

  • within 60 days

Explanation

Question 15 of 22

1

If corporation does not pay its fine, fine may be collected in like manner as a civil judgment. Where a sentence of imprisonment as well as a fine, restitution or reparation is imposed, the aggregate period and the term of the sentence may not exceed:

Select one of the following:

  • 1 year

  • maximum term of imprisonment

  • 5 years

  • none of the above

Explanation

Question 16 of 22

1

A fine, restitution, or repartition imposed upon a corporation must be paid:

Select one of the following:

  • at the time sentence is imposed

  • within 30 days after imposition of fine

  • within one year after imposition of fine

  • within 45 days of imposition of the fine

Explanation

Question 17 of 22

1

Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:

Select one of the following:

  • felony-1 year

  • petty offense-15 days

  • misdemeanor- 1/3 maximum authorized sentence

  • violation- 30 days

Explanation

Question 18 of 22

1

if a defendant does not pay a court imposed fine, additional imprisonment:

Select one or more of the following:

  • for a petty offense is up to 15 days

  • for a misdemeanor, is up to one third of maximum authorized sentence

  • for a felony is up to 2 years

Explanation

Question 19 of 22

1

Except where authorized by law, a duly and lawfully imposed sentence of imprisonment may NOT be charge suspended or interrupted once term or period of sentence has commenced

Select one of the following:

  • True
  • False

Explanation

Question 20 of 22

1

In case of an INDETERMINATE sentence commitment must be to ____

Select one of the following:

  • commissioner of corrections and cummunity supervision

  • the DCJS

  • a sheriff

Explanation

Question 21 of 22

1

Choose the best answer: In the case of an indeterminate or determinate sentence, commitment must be to:

Select one or more of the following:

  • the county jail or department of corrections, if the city has a correction department

  • the state department of correctional services

Explanation

Question 22 of 22

1

A sentence duly imposed may not be ___ once the term of period of the sentence has commenced,

Select one or more of the following:

  • changed

  • suspended

  • interrupted

Explanation