CPL § 550.10

Securing attendance of defendants; in general

§ 550.10 Securing attendance of defendants; in general.

Depending upon the status of a criminal action pending against a defendant, the geographical location of the defendant at the time and other factors, his attendance thereat for purposes of arraignment or prosecution may be secured by the following methods:

1. If the defendant has never been arraigned in the action, and if he is at liberty within the state, his attendance may, under given circumstances, be secured by a warrant of arrest, as prescribed in article one hundred twenty, a superior court warrant of arrest, as prescribed in subdivision three of section 210.10, or a summons, as prescribed in article one hundred thirty.

2. If the defendant has been arraigned in the action and, by virtue of a securing order, is either in the custody of the sheriff or at liberty within the state on his own recognizance or on bail, his attendance may be secured as follows:

(a) If the defendant is confined in the custody of the sheriff, the court may direct the sheriff to produce him;

(b) If the defendant is at liberty within the state as a result of an order releasing him on his own recognizance or on bail, the court may secure his attendance by notification or by the issuance of a bench warrant.

3. If the defendant's attendance cannot be secured by methods described in subdivisions one and two, either because he is outside the state or because he is confined in an institution within the state as a result of an order issued in some other action, proceeding or matter, his attendance may, under indicated circumstances, be secured by procedures prescribed in the ensuing articles of this title.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/550.10

In plain English

Which method the court uses to get a defendant to appear (for arraignment or prosecution) depends on the status of the action, the defendant's location, and other factors. ★ Three scenarios:

1. Never arraigned, at liberty within the state. ★ Attendance may be secured by:

2. Already arraigned and, under a securing order, either in the sheriff's custody or at liberty in-state (on recognizance or bail).

3. Can't be secured by methods 1 or 2 — because the defendant is outside the state, or is confined in an institution within the state on some other action/matter — attendance may be secured by the procedures in the later articles of this title. ★

★ Exam hits:

Verbatim statute: CPL - Article 550

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.