February 04, 2022 | New York Law Journal
'Ex rel Molinaro' and Securing Orders: A Practical Guide to MHL §9.43This article offers guidance on the practical application and best practices for issuing a 9.43 order, which allows a sheriff to take a defendant to a hospital for a psychiatric examination to determine whether they pose a threat to themselves or others and whether commitment is necessary.
By Tara A. Collins and Mark Son
12 minute read
January 30, 2020 | New York Law Journal
New Bail Statute and Remanding Defendants Awaiting Psychiatric Exam: Part 2The new bail statute drastically changed the bail statute by eliminating cash bail in most cases. However, it did not amend CPL article 730 and is silent as to the type of securing order the court may issue when ordering a 730 examination. Part 1 of this article discussed whether a defendant who appears unfit can still be remanded or have bail set under the new statute; and if not, whether other options are available to facilitate a successful completion of a 730 examination, as will be discussed here in Part 2.
By Tara A. Collins and Mark Son
12 minute read
January 29, 2020 | New York Law Journal
New Bail Statute and Remanding Defendants Awaiting Psychiatric Exam: Part 1The new bail statute drastically changed the bail statute by eliminating cash bail in most cases. However, it did not amend CPL article 730 and is silent as to the type of securing order the court may issue when ordering a 730 examination. Part 1 of this article discusses whether a defendant who appears unfit can still be remanded or have bail set under the new statute.
By Tara A. Collins and Mark Son
13 minute read