CPL 410-430

Description

Civil exam Criminal Procedure Law Quiz on CPL 410-430, created by Emily Deragon on 20/10/2024.
Emily Deragon
Quiz by Emily Deragon, updated 16 days ago
Emily Deragon
Created by Emily Deragon about 1 month ago
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Resource summary

Question 1

Question
Defendant must be present if court relaxes or eliminates on of the conditions of probation
Answer
  • True
  • False

Question 2

Question
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
Answer
  • 10
  • 20
  • 30
  • 40

Question 3

Question
A person on probation is in legal custody of [blank_start]____[blank_end] and under supervision of [blank_start]___[blank_end]
Answer
  • the court
  • DCJS
  • a secure facility
  • the DA
  • the probation department
  • DCJS
  • the corporate counsel

Question 4

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

Question 5

Question
Court may at any time terminate a period of conditional discharge or probation other than
Answer
  • lifetime probation
  • probation over 12 months
  • probation that resulted from a class A felony

Question 6

Question
Defendant must be present where the court:
Answer
  • relaxes conditions of conditional discharge
  • modifies any condition of probation
  • relaxes condition of conditional discharge or probation
  • enlarges any condition of probation

Question 7

Question
Choose the best answer: The court may not revoke a sentence of probation or conditional discharge unless:
Answer
  • a court found defendant has not violated condition
  • defendant has had an opportunity to be heard
  • Both of the other options

Question 8

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

Question 9

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

Question 10

Question
Failure to pay a fine for felony: additional sentence is up to:
Answer
  • 1 year
  • 2 years
  • 3 years

Question 11

Question
Failure to pay a fine for a misdemeanor: additional sentence is up to __
Answer
  • 1/3 of authorized sentence
  • 2/3 of authorized sentence
  • 3/4 of authorized sentence

Question 12

Question
Failure to pay a fine for a petty offense: additional sentence is up to ___
Answer
  • 5 days
  • 10 days
  • 15 days
  • 30 days

Question 13

Question
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 ___
Answer
  • maximum authorized term of imprisonment
  • 50 years
  • 20 years
  • 30 years

Question 14

Question
When must a corporation pay its fine?
Answer
  • at the time sentence is imposed
  • at any time, not to exceed 2 years
  • within 60 days

Question 15

Question
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:
Answer
  • 1 year
  • maximum term of imprisonment
  • 5 years
  • none of the above

Question 16

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

Question 17

Question
Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:
Answer
  • felony-1 year
  • petty offense-15 days
  • misdemeanor- 1/3 maximum authorized sentence
  • violation- 30 days

Question 18

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

Question 19

Question
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
Answer
  • True
  • False

Question 20

Question
In case of an INDETERMINATE sentence commitment must be to ____
Answer
  • commissioner of corrections and cummunity supervision
  • the DCJS
  • a sheriff

Question 21

Question
Choose the best answer: In the case of an indeterminate or determinate sentence, commitment must be to:
Answer
  • the county jail or department of corrections, if the city has a correction department
  • the state department of correctional services

Question 22

Question
A sentence duly imposed may not be ___ once the term of period of the sentence has commenced,
Answer
  • changed
  • suspended
  • interrupted
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