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This entry was published on 2020-01-10
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SECTION 510.20
Application for a change in securing order
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 510
§ 510.20 Application for a change in securing order.

1. Upon any occasion when a court has issued a securing order with
respect to a principal and the principal is confined in the custody of
the sheriff as a result of the securing order or a previously issued
securing order, the principal may make an application for recognizance,
release under non-monetary conditions or bail.

2. (a) The principal is entitled to representation by counsel in the
making and presentation of such application. If the principal is
financially unable to obtain counsel, counsel shall be assigned to the
principal.

(b) Upon such application, the principal must be accorded an
opportunity to be heard, present evidence and to contend that an order
of recognizance, release under non-monetary conditions or, where
authorized, bail must or should issue, that the court should release the
principal on the principal's own recognizance or under non-monetary
conditions rather than fix bail, and that if bail is authorized and
fixed it should be in a suggested amount and form.