Relocating with a child outside of New York after a divorce

When a custodial parent wants to relocate outside of New York  courts will consider what is in the best interest of the child. Moving a child is not like moving a small breed dog and people shouldn't view their children as their property. Any move outside of New York might hinder the continuation of the noncustodial parent’s visitation rights as originally planned and agreed by the parties or by the court, the parent might have to obtain a court’s approval before such move.

The standard applied by courts in relocation cases is whether a move would serve the best interest of the child, and not whether the move would benefit the custodial parent. The best interest of the child standard was established by court in two companion cases, Tropea v. Tropea and Matter of Brower v. Kenward, both of which not only changed the previously used three-step meaningful access exceptional circumstances analysis but also allowed new opportunity to review existing custody arrangements and orders.
Each relocation case is considered on its own merits and with due consideration of all of the relevant facts and circumstances that support the best interest of the child analysis. Some of these factors include but are not limited to:

·         the impact of the move on the relationship between the child and the noncustodial parent;

·         the rights and needs of the child;

·         the custodial parent’s reason for relocation;

·         the benefits that the child may enjoy or the harm that may ensue if the move is or is not permitted,

·         economic necessity;

·         health related concerns;

·         marriage or remarriage of the custodial parent;

·         the custodial parent’s opportunity to improve his/her economic situation;

·         the child’s respective attachments to the custodial and noncustodial parent;

·         the possibility of creating a visitation schedule that will enable the noncustodial parent to maintain a meaningful parent-child relationship;

·         the quality of lifestyle that the child would have if the move was permitted or denied;

·         the negative impact, if any, from continued or exacerbated hostility between the custodial and noncustodial parents;

·         which party is the more stable parent and would be more likely to foster a meaningful relationship between the child and the noncustodial parent;

·         the effect that the move may have on any extended family relationships.

In order to avoid relocation issues, many separation or settlement agreements contain what is called a “relocation clause” or “radius clause.” The clause commonly provides a direction as to whether a custodial parent may or may not relocate outside of a given radius, state or country without the prior consent of the other parent. The clause can take a number of different variations, but usually it is written to restrict the custodial parent’s ability to relocate without restraint.

Temporary Spousal Maintenance in New York

With the passage of the “no fault” divorce, New York has also set new guidelines for the computation of temporary spousal maintenance. The new formula approach provides an easy method for determining the amount of temporary maintenance for the less-monied spouse (payee). However, this approach is only applicable is the payee’s income is less than two thirds of the other spouse’s income (payor). For example, if the more-monied spouse’s income is $60,000.00 a year, the formula approach will only apply if the less-monied spouse’s income is less than $20,000.00 a year. The concept is similar to that of state child support guidelines, but not entirely.

 Thus in order to compute temporary maintenance, the income of both souses must first be determined. Once the respective incomes are ascertained, the guideline amount of temporary maintenance is calculated using two calculations as follows:

(1) Take 30% of the payor’s income (capped at $540,000.00), then subtract 20% of the payee’s income, and note the result

(2) Add the sum of the payor’s income (up to $540,000.00) and the payee’s income together, then calculate 40% of that sum, from that subtract the payee’s income, and note the result.

The result of the first calculation is compared to the results of the second calculation. The guideline amount of temporary maintenance shall be the lower of the amounts determined by the first and second calculations. If the amount determined by the second calculation is less than or equal to zero, the guideline amount shall be $0.

In the event that the payor’s income exceeds the allowable income cap of $540,000.00, the court shall determine any additional guideline amount of temporary maintenance through consideration of the following 19 factors:

1. The length of the marriage;

2. The substantial differences in the incomes of the parties;

3. The standard of living of the parties established during the marriage;

4. The age and health of the parties;

5. The present and future earning capacity of the parties;

6. The need of one party to incur education or training expenses;

7. The wasteful dissipation of marital property;

8. The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;

9. The existence and duration of a pre-marital joint household or a pre-divorce separate household;

10. Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;

11. The availability and cost of medical insurance for the parties;

12. The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity or ability to obtain meaningful employment;

13. The inability of one party to obtain meaningful employment due to age or absence from the workforce;

14. The need to pay for exceptional additional expenses for the child or children, including, but not limited to, schooling, day care and medical treatment;

15. The tax consequences to each party;

16. Marital property subject to distribution pursuant to subdivision five of this part;

17.The reduced or lost earning capacity of the party seeking temporary maintenance as a result of having foregone or delayed education, training, employment or career opportunities during the marriage;

18. The contributions and services of the party seeking temporary maintenance as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and

19. Any other factor which the court shall expressly find to be just and proper.

Further, the court may adjust the award of temporary maintenance if the court finds that the award is unjust or inappropriate based on consideration of the following 17 factors:

1. The standard of living of the parties established during the marriage;

2. The age and health of the parties;

3. The earning capacity of the parties;

4. The need of one party to incur education or training expenses;

5. The wasteful dissipation of marital property;

6. The transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;

7. The existence and duration of a pre-marital joint household or a pre-divorce separate household;

8. Acts by one Party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law;

9. The availability and cost of medical insurance for the parties;

10. The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity or ability to obtain meaningful employment;

11. The inability of one party to obtain meaningful employment due to age or absence from the workforce;

12. The need to pay for exceptional additional expenses for the child or children, including, but not limited to, schooling, day care or medical treatment;

13. The tax consequences to each party;

14. Marital property subject to distribution pursuant to subdivision five above

15. The reduced or lost earning capacity of the party seeking temporary maintenance as a result of having foregone or delayed education, training, employment or career opportunities during the marriage;

16. The contributions and services of the party seeking temporary maintenance as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party; and

17. Any other factor which the court shall expressly find to be just and proper.

Constested vs. Uncontested divorce in New York

Generally, when potential divorce clients come to my office for a free consultation regarding obtaining a divorce – the first thing they want to know is whether it is going to be a contested divorce or an uncontested divorce. The truth is that the only people who will know the answer to the question – is the husband and wife themselves. An uncontested divorce is one in which the parties have agreed to the terms of the divorce and there are no outstanding issues. It is not enough that the parties kind of agree, or theoretically agree – the parties have to agree in writing in a signed and notarized document. An uncontested divorce is one in which the husband and wife have discussed the issues, understand the issues, and have settled the terms. Generally, the husband and wife have limited ties to each other and the relationship it easy to untangle.
The majority of uncontested divorces have the following characteristics:

• No children
• No real estate
• No joint bank accounts
• No assets
• No claim for alimony/spousal support/maintenance
• No claim for attorneys fees
• No claim against any advanced or professional degrees
• No claim for health insurance or life insurance

Of if one or a few of the above referenced items are at issue, the parties have discussed them and come up with a solution them selves. In an uncontested divorce, it is very easy for the parties to untangle themselves from the relationship. These are often cases in which the parties are no longer together but have remained on good terms. Keep in mind that a NY divorce lawyer can only represent one party to the divorce whether it is the husband or wife. The other party can represent themselves (often referred to as Pro-Se) or they can hire a lawyer of their choosing.
Another common question, I get is whether we can start out the divorce uncontested and convert it to a contested divorce if things don’t work out. The quick answer is yes, but the more efficient way to handle a situation like this is to start out a contested divorce and attempt to resolve is without a courts intervention and without lengthy discovery, depositions and ultimately a trial. We can do this with a detailed Stipulation of Settlement.

STEP BY STEP GUIDE FOR AN NY UNCONTESTED DIVORCE

The first step in obtaining an uncontested divorce is the actual decision to file a divorce. This is often the hardest part; I often meet clients who come to me initially for a free consultation, and agree that they are going to get a divorce. Then I don’t hear from them again for a couple of months and it is usually when one of two things have occurred; their significant other called the police and they are being charged with the domestic violence trifecta – harassment, assault, and menacing or they are in the receiving end of a summons and complaint for divorce.

NY UNCONTESTED DIVORCE INTAKE

Once you retain the a lawyer to represent you in your uncontested divorce the first thing that we are going to do is have you fill out a comprehensive intake form which details certain required pedigree information and the terms of the divorce that you and your husband and wife agreed upon. If there are terms are still being negotiated then we can assist you in wrapping that part of the divorce up.

SUMMONS AND NOTICE

Once we have the intake, we will draft the Summons and Complaint. An uncontested divorce can be filed with a Summons with Notice but often times that is an extra step that has no real benefit but extending the process. This would be used if for some reason you needed to start the divorce immediately and you didn’t have time to draft the full complaint or if this was a divorce in which you were negotiating with the opposing spouse and/or counsel and you wanted to work up the Complaint together. The Summons part is the document that gives your husband or wife notice that they are being sued for a divorce. Also, if you serve just a Summons with Notice and for some reason your “uncontested divorce” turns into a “contested divorce” you will likely get served with a demand for a Complaint” which will just prolong the divorce proceedings.

The Summons with Notice will require certain key information:

• The County in which the divorce is being filed in
• The index number
• The date the summons was filed with the clerk
• The County in which the venue the plaintiff designates as the basis of the trial.
• The Plaintiff must state the reason for choosing a specific venue, that is, why this case may be heard in the county. There are a few options for venue:
  • Plaintiffs residence (Plaintiff lives in the county)
  • Defendants residence (Defendant lives in the county)
  • CPLR 509 – Any other county, as long as the Defendant does not object and the court accepts the case. If you choose a county in which neither party resides in you would write in CPLR 509.
• The address where the Plaintiff resides unless it is confidential
• The date in which it was signed
• The grounds for the divorce
• Any ancillary or additional relief the Plaintiff is requesting from the court
• Whether marital property is to be distributed pursuant to a separation agreement or stipulation
• Whether any claim for marital distribution is waived

The truth is most parties to a divorce do not know whether an uncontested divorce would be the right vehicle to obtain the divorce. What happens if their spouse was not fully transparent with their finances when they first met? Or promises to deliver something once the divorce is finalized and doesn’t follow through? Or states that he has no income now, but works off the book? Or has been secreting funds throughout the marriage? The possible scenarios are limitless and this is why a proper consult with a NY Divorce attorney is essential to understand your rights.

SUMMONS WITH VERIFIED COMPLAINT

The Complaint part gives the Defendant the underlying details as to the basic facts of the divorce and what you specifically want from them. Once these documents are drafted we physically take them down to the County Clerk’s office in the County in which you are filing the divorce in. The filing fee for the Summons and Complaint is $210.00. This fee can only be paid in certain formats so you will want to make sure that you have the appropriate form of payment. The $210.00 filing fee is the cost to commence the lawsuit, and you will receive an index number. The index number and the date the Summons and Notice or Summons and Complaint is filed will also be put on the Summons. Now, if you have an uncontested divorce you don’t need to work about hiring a process server or having a friend “serve” your spouse. Since they are contesting to the terms of the divorce, it is safe to assume that they are consenting to service of the initiating documents in the divorce. However, this is not always the case.

AFFIDAVIT OF SERVICE

The affidavit of service is an important document because this provides the court with proof that the defendant (your husband or wife) was actually served with the divorce documents. In a true uncontested divorce, where the defendant is accepting service this document is unnecessary since he or she will be filling out an affidavit of defendant which will consent to service.
The affidavit of service must be filled out by the person that serves the summons with notice or the summons and verified complaint on your spouse (the Defendant).
Here are the step by step directions to properly filling out an Affidavit of Service:

• Insert the county in which the divorce is brought as on prior forms
• Print the Plaintiff’s name.
• Insert the index number.
• Print the Defendant’s name.
• Insert the state and county where the process server signed this document before a notary public.
• The process server must fill in his or her name and address.
• The process server must fill in the details of when and where the Defendant was served, and must check the appropriate boxes as to the documents that were served.
• If there are children of the marriage under the age of 21 the Child Support Standards Chart must also be served on the Defendant.
•  
• The process server must detail how he or she identified the defendant. What specific characteristics did the defendant have? Was it based on a picture? A copy of the picture should be attached then.
•  The process server must ask the Defendant whether he or she is a member of the military of this state or any other state or this nation.
• The process server must sign the document when completed before a notary public.

NOTICE OF AUTOMATIC ORDERS

The automatic orders, which became part of New York State divorce procedure in 2009 with the enactment of Domestic Relations Law (DRL) section 236(B)(2)(b) and the promulgation of 22 New York Codes, Rules and Regulations (NYCRR) 202.16-a, prohibit the unauthorized transfer of marital assets during the pend ency of the case.

Once a divorce is filed in NY, there is a “Notice of Automatic Orders”, which accompanies the Summons and Complaint. The Notice of Automatic Orders is copy of a court order and is meant to prohibit certain actions of both Plaintiff and Defendant during the pendency of the case. This could emptying bank accounts, safe deposit boxes, running up joint credit, taking out new lines of credit, etc.

NOTICE CONCERNING CONTINUATION OF HEALTH CARE COVERAGE


Regardless of what you think, the divorce proceedings must come second to your health. If you are covered under your spouse’s employer then your spouse is prohibited by law from removing you from the existing medical, hospital and/or dental insurance coverage and must maintain the existing coverage in full force and effect during the divorce. However, once the divorce is over and you obtain the divorce decree you will not be covered anymore. Early on in the divorce negotiations you will want to have conversations with your spouse about your options. You do not want any gaps in coverage.
It is important for anyone going through a divorce to fully understand “COBRA” (Consolidated Omnibus Budget Reconciliation Act) insurance. The Judge in the divorce may require your spouse to obtain coverage for your children, it is likely hat you will not be covered. If your spouse’s company has less then 20 people you will be eligible for continued health insurance coverage under their employers plan.
It is imperative that you understand the that your spouses employer is only required to provide COBRA coverage for you if you notify the health plan administrator with 60 days of becoming divorced. If you don’t give proper notice you can be denied coverage.
When you were covered under your spouses insurance plan, it is likely that the employer covered all of part of the expense. Under COBRA, you will be responsible for the full cost of the premium. If your employer provides health insurance at little or no cost to you, then you are better off obtaining health insurance through your employer. Before you choose the COBRA option, look into other private plans to see what other options are available. Keep in mind that COBRA is only for 36 month’s so you will want to plan ahead.

SWORN STATEMENT OF REMOVAL TO BARRIERS OF MARRIAGE

In New York, there are extra steps required in a divorce if you were married in a religious ceremony instead of a civil one (think city hall.) If you were married in a church, synagogue, mosque or by any member of the clergy or other religious figure, before you can get divorced you have to swear in writing that you have taken or will take all necessary steps to remove any barriers to your spouse’s remarriage following the divorce. This is important because what happens if there are non-legal steps to dissolve the marriage in the eyes of the religion. Catholics require a special blessing from a priest and Orthodox Jews required a “get” from a Rabbi.

AFFIRMATION OF REGULARITY

The Affirmation Regularity (if you are represented by an attorney) or Affidavit of Regularity (if you are filing pro se) verifies for the court that the Defendant was properly notified of the divorce and how he or she has responded, if at all. If the Defendant has not responded, this affidavit moves the divorce along an uncontested track. The affidavit of regularity requires information such as the date the Defendant was served and whether the Defendant has appeared in the divorce action. As a result, it can only be signed after the summons and been served and when your certain the Defendant has appeared in the divorce. The Affirmation/Affidavit of Regularity should only be signed after Defendant has either executed the Affidavit of Defendant or has defaulted after being personally served with the Divorce Complaint. The Affirmation/Affidavit of Regularity is submitted with the final set of divorce papers (which include, among other documents, the Affidavit of Plaintiff, proposed Judgment of Divorce, and proposed Findings of Facts and Conclusions of Law). Although NY courts grant uncontested divorces “on the papers” (i.e., without requiring testimony in front of a judge), the courts require that each document be executed and acknowledged in a precise manner. If you are not represented by an attorney, your Affirmation of Regularity must be notarized.

AFFIDAVIT OF PLAINTIFF

The Affidavit of Plaintiff, which must be notarized, is used in all divorce actions except those where the ground for divorce is adultery. This affidavit identifies the circumstances leading to the divorce.

AFFIDAVIT OF DEFENDANT

Affidavit of the Defendant, which must be notarized, is used when the divorce is not contested, and the Defendant consents or waives service of the Summons and Notice or Verified Complaint. In this form, the Defendant agrees to the divorce, and he or she waives any rights under the Service Members’ Civil Relief Act.

CHILD SUPPORT WORKSHEET

Child Support Worksheet, (UD-8), is a form which must be submitted by the Plaintiff if there are minor children of the marriage (under 21). This form shows the amount of child support to be paid by the noncustodial parent to the custodial parent.

SUPPORT COLLECTION UNIT INFORMATION SHEET

Support Collection Unit information Sheet (UD-8a), must be submitted by the Plaintiff when he or she requests the services of the Support Collection Unit.

QUALIFIED MEDICAL CHILD SUPPORT ORDER

Qualified Medical Child Support Order (UD-8b), must be served on the employer of the spouse legally responsible to provide medical insurance for the child(ren), usually the noncustodial parent.

NY NOTE OF ISSUE

In contested divorces, a Note of Issue is used to record the date and filing of the Summons. In contested actions, the Note of Issue must be filed with a Certificate of Readiness, which recapitulates the history of the divorce and certifies that the case is ready for trial. After financial disclosure is over and all the necessary appraisals, settlement conferences, and court conferences have been completed, the Plaintiff must usually file a note of issue and a certificate of readiness with the court. These documents notify the judge that the parties are ready for trial.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Findings of Fact and Conclusions of Law (Referee’s Report) reiterates the facts of the marriage and the conclusions of the court regarding support and maintenance.

JUDGEMENT OF DIVORCE

Judgment of Divorce (UD-11) or (A-13), is the court order ending the marriage.

PART 130 CERTIFICATION

Part 130 Certification (UD-12) or (A-14), certifies that “every document relating to the divorce divorce which is served, filed or submitted to the court, is not frivolous…” This certification must be attached to other court filings. This is called Certification.

REQUEST FOR JUDICIAL INTERVENTION (RJI)

A Request for Judicial Intervention (UD-13) or (A-11), is a request for a judge to be assigned to a case. Under the New York Court System, a judge is not assigned to the case automatically. A judge is only assigned to a case after a Request for Judicial Intervention Form has been filed with the Clerk of the Court. A Request for Judicial Intervention filed in uncontested divorces, is used when the court must issue orders ex parte, which means without the other party being notified.

NOTICE OF ENTRY

The Notice of Entry (UD-14) or (A-15), is a record of the entry of the judgment of divorce. A copy of the Judgment of Divorce and the Notice of Entry must be serve of your ex-spouse, otherwise your divorce might not be considered final.

CERTIFICATE OF DISSOLUTION OF MARRIAGE FORM

The USC 113 is a state form recording the facts of the marriage and the divorce for record keeping purposes. This form must be completed by the Plaintiff and submitted to the Supreme Court Clerk’s Office upon submission of the filed papers. The information reported on the form is confidential and will be used for statistical purposes only.

NOTICE OF SETTLEMENT

This form is filed with the court clerk’s office along with the Proposed Judgment for Divorce and the Qualified Medical Child Support Order Form, if applicable, at the completion of a settlement in a contested divorce.

POSTCARD

You will have to provide the clerks office with a self addressed postcard so that once the divorce makes it way through the process you can be notified of the results. This will allow you to understand any of the defects in the divorce.

Plea Allocution in New York courts

A guilty plea must be knowing, voluntary, and intelligent. This is the standard set out in the pivotal case Boykin v. Alabama, 395 U.S. 238 (1969). The New York Courts of Appeals in the case of  People v. Harris, 61 NY2d 9 (1983) further stated that at the time of plea allocution, the defendant make a knowing, voluntary, and intelligent waiver of their constitutional rights.
Generally, in New York Criminal Courts and New York Supreme Court, Criminal Term the Judge will ask the following questions to make sure that the defendant understands fully what legal rights they are forfeiting to take a plea.
GENERAL QUESTIONS IN A PLEA ALLOCUTION IN NEW YORK:
Certain Judges have comprehensive plea allocution’s in which they ask the majority of the questions. Other Judge’s have short and concise plea allocution. Generally it is best to speak with a local attorney who practices in the jurisdiction to determine the appropriate allocution. It is important that defendants understand exactly what they are agreeing to in a plea bargain and what they will need to admit on the record.

• You just have heard your attorney state on the record the terms of the agreement, did you understand them?
• Have you discussed this matter with your attorney?
• Are you pleading guilty voluntarily out of your own will?
• Has anyone made any threats to you in order for you to plead guilty?
• Has there been any promises or representations made to you, other then was stated on the record , in order to make you plead guilty?
• By pleading guilty, you are giving up a number of rights. Do you understand this?
• These include your right to confront and cross-examine witnesses, and your right to call witnesses on your behalf?
• You also understand that you have the right under the U.S. Constitution to remain silent, and that your silence cannot be used against you?
• Do you also understand that you have the right to testify at trial if you wish?
• You understand that it is prosecutions burden to prove you guilty, and not for you to prove yourself innocent?
• Do you understand that you have a right to a trial by jury?
• Do you understand that the prosecution would have to prove your guilt beyond a reasonable doubt by a unanimous verdict of all 6 (misdemeanor) or 12 (felony) jurors at trial?
• Do you understand that a plea of guilty operates just like a conviction of guilty at trial?
• Do you understand that by pleading guilty you are waiving any defenses that you might have to the criminal charges?
• [If you are pleading to a second felony offense] do you understand that if you are found guilty second felony offense within 10 years, you face sentencing as a second felony offender, with a maximum and minimum period of time in a state correctional facility?
• Do you understand that if you are charged with another DWI within 10 years, you may be prosecuted on that second DWI as a felony?
• If you are not a US citizen, your guilty plea to a felony may result in your deportation exclusion from the United States or denial of naturalization pursuant to US law. You may also be paroled to the custody of the Immigration and Naturalization Service.
• Tell me in your own words what you did that makes you guilty of this offense?
• Now I have promised you a sentence of ___________, but I must advise you that the maximum you could have received was a sentence of _______.

IF THE DEFENDANT IS NOT INCARCERATED PRIOR TO SENTENCING:

• That you fully cooperate with the Department of Probation
• That you appear in court every time the case is on the docket
• That you are not re-arrested on any new charges.

If you violate any of these conditions, then my promise to you is off and I will be free to sentence you to the maximum penalty under your plea. Do you understand?
Below is a transcript of an actual recent plea allocution. The names are changed to protect the individuals privacy.

THE COURT: This is the matter of the People vs. Defendant. The Defendant appears here this morning with his attorneys. The People are represented by ADA Jack and ADA Jane.

This matter is scheduled for jury selection this morning. We have a jury panel gathered downstairs ready to come up to begin jury selection. There has been some additional discussions between the attorneys and just now The Court. There is a revised proposal to resolve Indictment XYZ by a plea of guilty to Count 4 of the indictment charging the defendant with one count of Endangering the Welfare of a Child, in violation of 260.10 (1) of the Penal Law. Upon a plea, if there is a plea, I would put this matter over for sentencing to probably the first week of March 2010. I’ll come up with a date in a minute. March 1, it looks like. All things being equal, The Court will impose a sentence of either – and it would be up to you to select today — 30 days in custody, credit for any time served, and I don’t think you have any time in custody, and three years probation. You would be required to pay a $200 surcharge and victim fee, a $50 DNA databank fee. Any Orders of Protection would be issued at the time of sentencing. You would be waiving your right to appeal.
The terms and conditions of Probation, Defendant, would be set by The Court upon a submission from the Probation Department of their proposed orders and conditions, and then also with a written report from the Psychologist or another professional in that field recommended by the Psychologist if for some reason there is a conflict. Subsequent to your evaluation and assessment by the doctor or his recommended replacement, and corroboration of any information as deemed necessary by the doctor, including by means of polygraph or otherwise, and prior to sentencing, The Court will conduct a pre-sentence conference with the attorneys and will determine the orders and conditions of Probation that would be included in the Adult Order of Probation.
Or in the alternative, you can select today before we proceed — if you do, in fact, proceed – not more than 60 days in custody, three years Probation, with the rest of the sentence remaining as I just indicated regarding the first option. And in that event, if you elect to receive a sentence of not more than 60 days, it could be no days, it could be up to 60, it could be something less, plus some community service. It could be any variation of that, but not more than 60 days in custody.
Defense Counsel, is that your understanding of the plea bargain?
Defense Counsel: Yes, it is, Your Honor. Could I just add one thing though? I explained to the Defendant  that he does not have to register as a Sex Offender.
THE COURT: Endangering the Welfare of a Child is not a sex offense…However, if you went to trial and got convicted of the Sexual Abuse Third count or counts, there is two, that is a sex offense which would require registration as a Sex Offender and a classification as a Sex Offender.
ADA: Just one quick clarification. The counts are actually Sex Abuse Second, which require registration.
THE COURT: Sexual Abuse Second. I’m sorry. With that being said, is that your understanding? (Whereupon, Counsel and Defendant confer.)
Defense Counsel: Yes, it is, Your Honor.
THE COURT: ADA, is that the People’s understanding?
ADA: Yes, Your Honor.
THE COURT: And, Defendant , is that your understanding?
THE DEFENDANT: Yes.
THE COURT: Are you in agreement with this?
THE DEFENDANT: Yes.
THE COURT: Now, in just a moment, I’ll have your sworn in by my Clerk. Once that occurs, all of your answers and responses will be under oath. You need to keep that in mind so that everything you say here today is accurate and truthful. If at any time during today’s proceedings you don’t understand something or you have a question, let me know. I’ll stop the proceeding. I’ll give you a chance to speak to either of your attorneys or both of them, or if you wish, you may ask me a question as long as Defense Counsel consents; do you understand?
THE DEFENDANT: Yes, thank you.
Defense Counsel: Just half a second.(Whereupon, Counsel and Defendant confer.)
ADA: Judge, in advance of going through the allocution, you’re going to determine which he’s selecting?
THE COURT: In advance.
ADA: Okay. I’m just curious.
THE COURT: She asked whether in advance of the allocution. I don’t think it makes any difference whether it’s in advance or at the end, but prior to terminating today’s allocution, I would ask the defendant to select, if you do, in fact, plead guilty, which of the two options you elect, unless you’ve already decided.
THE DEFENDANT: We have.
THE COURT: You have?
THE DEFENDANT; Yes…
THE COURT: Please raise your right hand, Defendant , and I’ll have you sworn — affirmed.

(Whereupon, the Defendant was first duly affirmed by the Clerk of the Court.)

THE COURT: Are you the Defendant listed in this indictment?
THE DEFENDANT: Yes.
THE COURT: You appear here with your attorney Defense Counsel?
THE DEFENDANT: Yes.
THE COURT: Did you hear me outline the options of the plea bargain just a few moments ago?
THE DEFENDANT: Yes.
THE COURT: Have you decided — and, first of all, do you understand the options?
THE DEFENDANT: Yes.
Defense Counsel: Just speak up so she can hear you.
THE DEFENDANT: Yes.
Defense Counsel: Sorry, Your Honor.
THE COURT: And have you decided which of the options, if you do plead guilty, you would elect?
THE DEFENDANT: Yes.
THE COURT: Which is that?
THE DEFENDANT: The no less than –
THE COURT: No more than.
THE DEFENDANT: No more than 60 days.
THE COURT: The second option?
THE DEFENDANT: The second option.
THE COURT: Are you in agreement with that second option?
THE DEFENDANT: Yes.
THE COURT: Are you, in fact, asking The Court to resolve this indictment by a plea of guilty to the Fourth Count of the indictment, a misdemeanor, a non-sex offense misdemeanor, a misdemeanor of Endangering the Welfare of a Child in accordance with that second option plea bargain?
THE DEFENDANT: Yes.
THE COURT: And, again, Defense Counsel, is this your understanding of the plea bargain and your application?
Defense Counsel: Yes, it is, Your Honor.
THE COURT: And, ADA, is that the People’s understanding?
ADA: Yes, Your Honor.
THE COURT: Now, Defendant, do you understand, sir that, you have an absolute right to remain silent in the face of the charges pending against you in this indictment, but that if you do plead guilty here today, that you will be waiving and giving up your right to remain silent and, in fact, you’ll be admitting to me that you committed a Class A misdemeanor offense, which is a criminal offense?
THE DEFENDANT: Yes, I am aware.
THE COURT: Have you discussed this matter to your satisfaction with your attorneys?
THE DEFENDANT: Yes.
THE COURT: Have you had enough time to speak with your attorneys and with anyone else that you wish to speak with or feel the need to speak with so that you know how you will proceed here today with this proposal?
THE DEFENDANT: Yes.
THE COURT: Have you discussed with your attorneys the strengths and weaknesses of The People’s evidence against you as your attorneys view the evidence?
THE DEFENDANT: Yes.
THE COURT: And, in addition, have you discussed with your attorneys any possible legal or constitutional defenses or affirmative defenses that you might have to the crimes charged against you in the indictment and specifically the Fourth Count of the indictment?
THE DEFENDANT: Yes.
THE COURT: Are you, in fact, satisfied with the legal representation given to you in this matter by your defense attorneys?
THE DEFENDANT: Yes.
THE COURT: In addition to your defense attorney, who stands next to you at this time, and your wife is present, is there anyone else that you feel that you absolutely have to speak with or have present today before you can proceed?
THE DEFENDANT: No.
THE COURT: Have you consumed any alcoholic beverages, taken any medication, prescribed or otherwise, or any other drugs or marijuana, excuse me, over the past several days which are in any way at all interfering with your ability to make a decision today?
THE DEFENDANT: No.
THE COURT: Do you have any physical, emotional, or mental health condition or issue that you’re dealing with that is in any way at all interfering with your ability to make a decision today?
THE DEFENDANT: No.
THE COURT: As you stand here before me this morning, sir, are you thinking clearly?
THE DEFENDANT: Yes.
COURT: Do you understand what you’re doing?
THE DEFENDANT: Yes.
COURT: Do you understand that you have a right to a trial by jury or by The Court sitting alone without a jury in reference to the charges pending in this indictment?
THE DEFENDANT: Yes.
THE COURT: And you understand as I stated at the outset of the proceedings this morning, there is a panel downstairs, that the Commissioner of Jurors just came in to say that the panel is ready to come up — he just left, but he was just here — they’re ready to proceed. So you understand that you’re entitled to have the jury trial that’s scheduled to go forward today?
THE DEFENDANT: Yes.
THE COURT: And do you understand that at such a trial – if we had the trial, that the District Attorney’s Office represented by ADA Jack and ADA Jane, would have to prove every necessary element of a crime by proof beyond a reasonable doubt in order to obtain a conviction against you of that crime?
THE DEFENDANT: Yes.
THE COURT: Do you understand that at such a trial, you have a right to confront The People’s witnesses and to cross-examine them through your attorney?
THE DEFENDANT: Yes.
THE COURT: Do you understand that at such a trial you have the right to present evidence in your behalf, you can call witnesses to testify in your behalf, by subpoena, if necessary, and you have the right to testify in your own behalf and you can choose to do any, all, or none of those things?
THE DEFENDANT: Yes.
THE COURT: Do you understand, however, that if you accept this plea bargain and plead guilty, that you have resolved this indictment, there won’t be a trial today or at any other time and, therefore, you will have waived and given up those rights that I just described to you?
THE DEFENDANT: Yes.
THE COURT: Do you understand that a plea of guilty here today will result in a conviction for a Class A misdemeanor just as if you had gone to trial and been convicted by verdict after trial of the same Fourth Count offense?
THE DEFENDANT: Yes.
THE COURT: Is anybody forcing you, threatening you, coercing you, or pressuring you in any way at all to cause you to plead guilty?
THE DEFENDANT: No.
THE COURT: Are you pleading guilty here today freely and voluntarily?
THE DEFENDANT: Yes.
THE COURT: Are you pleading guilty, sir, because you are, in fact, guilty of Endangering the Welfare of a Child as stated in the Fourth Count of the indictment?
THE DEFENDANT: Yes.
THE COURT: Do you understand you’re pleading guilty to a Class A misdemeanor for which the maximum sentence, not the plea bargain, is one year in custody and/or a fine of up to $1,000?
THE DEFENDANT: Yes.
THE COURT: And do you understand that everything you’re saying here today under oath and on the record — it is being taken down on the record, obviously — can be used against you in other future judicial or administrative proceedings?
THE DEFENDANT: Yes.
THE COURT: Do you understand and agree that in consideration of this negotiated plea you’re waiving and giving up certain rights that you have regarding this matter and the indictment, including your right to have any further motions made on your behalf by counsel? If any motions remain outstanding, you’re waiving your right to have them determined, and you’re waiving your right to have any further pre-trial hearings. And actually if we went forward with this, we would have a pre-trial hearing called a Sandoval/Molineux hearing, a pre-trial conference and hearing, which would precede the jury selection. You’re giving up your right, if you plead guilty, to have that hearing; do you understand that?
THE DEFENDANT: Yes.
THE COURT: In fact, sir, do you understand and agree that in consideration of this negotiated plea, you’re waiving and giving up all of your other rights and remedies that are yours in connection with this matter and this indictment, other than as stated here today on the record?
THE DEFENDANT: Yes.
THE COURT: Now, separate and apart from those waivers and in addition to those waivers, do you also understand and agree that as part of this plea bargain and in consideration of it, if you accept the plea bargain and plead guilty, that by doing that, Defendant , you’re agreeing that you’re waiving and giving up all of your rights to appeal on all legal and constitutional grounds that you might have, and that your waiver of your right to appeal will include not only everything that has occurred in this prosecution through today, but it will be extended forward in time and date to include the sentencing proceeding and the sentence to be imposed at that proceeding, so long as the sentence imposed is consistent with the plea agreement, not the plea bargain, but the plea agreement. Do you understand that and agree to that?
THE DEFENDANT: Yes.
THE COURT; And I have handed you a written waiver of your right to appeal, sir (indicating). I want you to read that over or have it read to you. Once it has been read to you and you understand it, if you agree with it and wish to proceed, please sign it and initial the change in date that I made from last Friday to today, and hand it back to me.
Defense Counsel: Yes, Your Honor.(Whereupon,Counsel and Defendant confer. )
THE DEFENDANT: (Indicating.)
Defense Counsel: Your Honor, I have explained it to Defendant . He read it himself. He fully understands it. It’s his initials. Do you want me to initial date also?
THE COURT: No.
Defense Counsel: And it’s my signature and his signature.
THE COURT: All right. And, Defendant , is that your signature at the bottom in blue ink above where I’ve printed your name
THE DEFENDANT: Yes.
THE COURT: and the typed word “defendant”?
THE DEFENDANT: Yes.
THE COURT: By signing that, sir, are you telling me that you have read it or had it read to you?
THE DEFENDANT: I read that myself.
THE COURT: Do you understand what you signed?
THE DEFENDANT: Yes.
THE COURT: Do you understand and agree that if you do plead guilty, this written waiver of your right to appeal, together with what we have discussed on the record regarding your waiving your right to appeal, will be binding on you, your attorneys, this Court, and the Appellate Courts in this State?
THE DEFENDANT: Yes.
THE COURT: And you agree to that?
THE DEFENDANT: Yes, I do.
THE COURT: Defense Counsel, to the extent permitted by law as Defense Counsel, so long as The Court complies with the plea agreement, do you join in your client’s several waivers as stated today on the record and now in writing, including his waiver of his right to appeal?
Defense Counsel: Yes, I do, your Honor.
THE COURT: Now, Defendant, if you plead guilty ,here today in accordance with the plea bargain that we have discussed, you need to know that everything that is stated here today will become part of the plea agreement, and I used those two words “plea agreement” just a few moments ago relative to your waiving your right to appeal. You need to remain in compliance with the plea agreement in order to be assured that you receive a sentence within the parameters of the plea bargain.
The plea agreement requires that you cooperate with the Probation Department in their preparation of a mandatory Pre Sentence Investigation Report. I need that report in order to set the conditions of Probation and in order to sentence you, and I need that by statute. So you’ll need to contact the Probation Department, let them know how to reach you, let them know who your attorney is and how to reach Defense Counsel. Probably in mid February you’ll get a telephone call to come in for an interview. You will need to participate in that interview and answer the questions and inquiries that are put to you by Probation truthfully and completely as they relate to this count of the indictment.
THE COURT: You need to come back to court as directed. Right now I’ll put on for March 1, 2010, that’s a Monday, for sentencing. If that date changes for some reason, you’ll be notified through Defense Counsel’s office. And you need to remain available to The Court. Assuming you get reasonable notice of any different date or time and you fail to appear, that could in and of itself become the basis for a violation of the plea agreement. And, finally, you need to remain free of any new charges or new arrests, new criminal charges, “new criminal charges” meaning criminal offenses that are alleged to have occurred between right now and when you’re finally sentenced in this matter.
And that’s the plea agreement; do you understand it?
THE DEFENDANT: Yes.
COURT: Do you have any questions about it
THE DEFENDANT: No.
Defense Counsel: I think the Court may have — maybe you’re going to talk about it later, but there are Orders of Protection, are there not, pending now?
THE COURT: Well, that would be a new offense.
Defense Counsel: They’re going to continue.
THE COURT: They’re continued, and I assume they’re no-contact orders.
ADA: Yes, they are.
THE COURT: So, I mean, speak to your attorney, but make sure there is no telephone contact with any of the protected parties, no indirect contact with any of the protected parties. And these are Court Orders, so even for some reason should someone try to reach you, cut off that communication and contact your attorneys immediately.
THE DEFENDANT: What happens if it’s in the same room?
THE COURT: The rule of reason applies here. If you’re in the room first and they walk in, unless it’s something — I can’t pre-judge any specific situation, but if you’re there and somebody comes in, like at a restaurant or some place, I’m not telling you to leave.
THE DEFENDANT: But if I know –
THE COURT: Then you don’t go in to the restaurant.
ADA: Your Honor, however, there is the issue of religious locations, and there are multiple religious locations available to everybody involved, so if the victim is at – I just want to be clear.
THE COURT: Then I would suggest that maybe Defense Counsel talk to you and you find your house or houses of worship that are acceptable to you, and then you let the protected parties know, or pre-determine what they are to make sure that there is not going to be a conflict. I’m just trying to avoid a violation of the plea agreement by an intentional violation of an Order of Protection.
ADA: Absolutely.
THE COURT: But the rule of reason applies here. And notwithstanding maybe what you felt on Friday, I am a reasonable person.
ADA: Just two other quick things.
THE DEFENDANT: I’m sorry.
ADA: With respect to the places of worship, I’ll discuss with Defense Counsel where the victims attend and we can work that out
THE COURT: Right.
ADA: Just because was unclear –
THE DEFENDANT: I don’t –
ADA: Let me just finish. It was unclear by what you just said, that perhaps the defense could make me aware and I should tell the victims not to go there. That’s not your position.
THE COURT: No, no, I thought I had reworded that. I want you to find out from the people that you’re representing, and Defense Counsel can find out from Defendant  where he would generally go, and then work that out.
THE COURT: And it’s not necessarily that they can’t go to the same place. It would be at the same time.
Defense Counsel: Before she goes to the second thing, this has been in effect for over a year.
THE COURT: And it hasn’t been a problem.
Defense Counsel: There has been no problems.
ADA: There has been a problem.
Defense Counsel: Nobody told me.
THE COURT: Not that I’m aware of.
ADA: And I’m not suggesting that it’s a violation. I’m saying they have been in the same location at the same time, and the directive, I’m assuming, from The Court would be to walk away from each other, leave that location.
THE COURT: Right. So I’m saying that if the Defendant  has — once you get this worked out with Defense Counsel, and maybe in writing is a good way to do it
ADA: Yes.
THE COURT: — if the Defendant  is allowed to go to a certain temple or place of worship and he’s there first and it’s not directly in conflict with ‘what you have agreed to, then your people should leave and come back at. another time, or go to another place.
ADA: What we probably should do is specify times.
THE COURT: I’m saying, be specific. Work it out.
THE DEFENDANT: The example
ADA: We’ll speak.
Defense Counsel: We’ll talk.
THE COURT: So there we are. That’s the plea agreement that’s been, I think, substantially hashed out on the record. Notwithstanding the amount of wording that we just had from all sources, do you understand the plea agreement?
THE DEFENDANT: Yes, sir, I do.
THE COURT: Do you agree that you will comply with the plea agreement?
THE DEFENDANT: Yes, I agree.
THE COURT: As long as you comply with the plea agreement, you’re assured you will receive a sentence in accordance with the plea bargain. If you violate the plea agreement, you need to know and understand that then you could receive a sentence of up to one year in the County jail; do you understand that?
THE DEFENDANT: Yes.
THE COURT: If there is any change in the sentence as a result of you having been found in violation of the plea agreement, you need to know and understand that you could not automatically be allowed to either withdraw your plea of guilty or to create some basis for appeal that you don’t presently have. You’ll recall that if you do plead guilty, Defendant , the sentence is tied to compliance with the plea agreement, not the plea bargain; do you understand that?
THE DEFENDANT: Yes.
THE COURT: Other than the Court’s intention on Sentence, which is the plea bargain, has anyone made any promises or representations in order to get you to plead guilty?
THE DEFENDANT: No, they have not.
THE COURT: Now, if you plead guilty and if I accept your plea, sir, you need to know and understand that I believe that I am as bound by your plea of guilty as you are, and what that means is if you plead guilty today and you change your mind and you come ,back ,and ask if you can withdraw your plea, I’m not going to let you do that unless I’m legally required to because I believe I’m as bound by your plea as you are; do you understand that?
THE DEFENDANT: Yes.
THE COURT: Have you given this enough thought?
THE DEFENDANT: Yes.
THE COURT: Taking everything into account and into consideration, do you believe that this plea bargain is in your best interest?
THE DEFENDANT: Yes, I do.
THE COURT: Legally and personally?
THE DEFENDANT: Yes.
THE COURT: And do you wish to proceed with it?
THE DEFENDANT: Yes.
THE COURT: All right. I draw your attention to Count 4 of Indictment XYZ-12345. As I indicated, you’ll be allowed to resolve the indictment by a plea of guilty to this count. This is one count of Endangering the Welfare of a Child, in violation of Section 260.10 (1) of the Penal Law. It’s a Class A misdemeanor. And this count relates to a telephone call alleged to have occurred on or about June 30 of 2008 during the daytime hours at ### XYZ Street, in the City and County of Albany, New York.
Before I get into that, I’m going to ask you as part of this allocution, Defendant , were you present in the vicinity of 123 Jones Street  in the City and County of Albany, New York, on and between the dates of June 1 and June 30, 2007, and while naked, knowingly have inappropriate physical contact with a child under the age of 17, whose date of birth you now know to be MM DD, YEAR, who was also naked at that time, knowing that your inappropriate physical contact with that child –
ADA: I don’t mean to interrupt, Your Honor. I apologize. You said “XYZ Street.” That’s related to the phone call.
THE COURT: I said that.
ADA: It’s not
THE COURT: Did I say “XYZ Street”?
ADA: You said “XYZ Street” just now. XYZ Street is related to the phone call.
THE COURT: To the phone call. Read it back. (Whereupon, the record was read by the Court Reporter. )
ADA: I apologize.
THE COURT: We’re talking about Whitehall Road.
Knowing that your inappropriate physical contact with that child was likely to be injurious to the physical, mental, or moral welfare of that child. Were you there? Is that an accurate statement?
THE DEFENDANT: Yes.
THE COURT: And were you present in the vicinity — this is a separate matter, separate incident. Were you also present in the vicinity of 123 Jones Street, in the City and County of Albany, New York, on and between the dates of November 1 and December 31, 2007, and, while naked, knowingly have inappropriate physical contact with a child under the age of 17, whose date of birth you now know to be MM DD, YEAR, who was also naked at that time, knowing that your inappropriate physical contact with that child was likely to be injurious to the physical, mental, or moral welfare of that child?
THE DEFENDANT: Yes.
THE COURT: And, that is an accurate statement, correct?
THE DEFENDANT: Yes, it is.
THE COURT: And now going back to the substance of Count 4. On June 30, YEAR, during the daytime hours at ### XYZ Street, in the City and County of Albany, New York, did you have a telephone conversation with the child you now know has a date of birth of MM DD, YEAR, in which response to his request to you for advice as his , teacher, and spiritual adviser  knowingly advise him to be untruthful as to what had occurred about the incident where you subjected that child to inappropriate physical contact between June 1 and June 30, 2007, in the vicinity of 123 Jones Street, in the City and County of Albany, New York, and advise him to, quote, “Just say nothing happened,” end quote, and to not tell his mother or the police, knowing that this advice was likely to be injurious to the physical, mental, or moral welfare of that child?
THE DEFENDANT: Yes.
THE COURT: How do you plead to Count 4 charging you with Endangering the Welfare of a Child?
THE DEFENDANT: Guilty.
THE COURT: I accept your plea of guilty. I’ll continue you released on your current status.
You do need to contact the Probation Department by telephone as we discussed, and then –
Defense Counsel: Report to them –
THE COURT: Telephone is fine. And you do need to consult with your attorneys to determine an understanding regarding the continuation of religious services (Whereupon, the proceedings in the above-entitled matter were concluded, this date.)
SUBSEQUENTLY ATTACKING A PLEA ALLOCUTION:
Under CPL 220.60:

1. A defendant who has entered a plea of not guilty to an indictment may as a matter of right withdraw such plea at any time before rendition of a verdict and enter a plea of guilty to the entire indictment pursuant to subdivision two, but subject to the limitation in subdivision five of section 220.10.
2. A defendant who has entered a plea of not guilty to an indictment may, with both the permission of the court and the consent of the people, withdraw such plea at any time before the rendition of a verdict and enter: (a) a plea of guilty to part of the indictment pursuant to subdivision three or four but subject to the limitation in subdivision five of section 220.10, or (b) a plea of not responsible by reason of mental disease or defect to the indictment pursuant to section 220.15 of this chapter.
3. At any time before the imposition of sentence, the court in its discretion may permit a defendant who has entered a plea of guilty to the entire indictment or to part of the indictment, or a plea of not responsible by reason of mental disease or defect, to withdraw such plea, and in such event the entire indictment, as it existed at the time of such plea, is restored.
4. When a special information has been filed pursuant to section 200.61 or 200.62 of this chapter, a defendant may enter a plea of guilty to the count or counts of the indictment to which the special information applies without admitting the allegations of the special information. Whenever a defendant enters a plea of guilty to the count or counts of the indictment to which the special information applies without admitting the allegations of the special information, the court must, unless the people consent otherwise, conduct a hearing in accordance with paragraph (b) of subdivision two of section 200.62 or paragraph (b) of subdivision three of section 200.61 of this chapter, whichever is applicable.

A Defendant may also seek to attack the constitutionality of the plea so that it can not be used to sentence him or her for a second felony offender under CPL 400.21.

I-Cards, Investigation Cards, Wanted Cards

I-cards are investigation cards which are issued by the New York Police Department (“NYPD.)  I-cards are a form document  issued by the NYPD for perpetrators, suspects and witnesses. The i-card gives other officers notice that the NYPD is looking for this individual. I-card’s are issued for persons of interest.  I-cards are also known as Wanted Cards. The process for I-cards at the NYPD are that one they are logged, they are forwarded to the Investigation Unit of the NYPD, and ultimately to the Warrant Squad of the NYPD which picks up the I-card for execution. The warrant squad will confer with the case Detective as to the suspects whereabouts and act upon that information.
I-Cards, Investigation Cards, Wanted Cards are formally known as A Detective Bureau Investigation Card PD-373-163 (05-07.) The I-cards will have a place for the following information:

• Date prepared by
• Control No
• IDS No
• Last name
• First name
• Middle initial
• NYSID no
• Last Known Address
• Sex
• Race
• Date of birth
• Social Security Number
• Height
• Weight
• Hair Color
• Eye color
• Aliases/Nicknames
• Complaint no
• Precinct
• Year
• Case number and command
• Sought As
  • Perpetrator – probable cause to arrest
  • Suspect Only – No probable cause to arrest
  • Witness
• Precautions to be observed
  • Armed and dangerous
  • Flight risk
  • Resists arrest
  • other
• Crime/charge
• Domestic violence
• Penal Law (“PL”) section
• Misdemeanor Yes/No
• Felony Yes/No
• Query of Want and Warrant System Prior to Submission of the Investigate Report
  • WNAM – Active Investigations Card No, Who was notified and their command
  • ADV – Active Warrant No, who was notified and their command
  • CRIMS – Next Court Date, what borough/court, and the part
• Additional information/characteristics/peculiarities (including any known investigation cards or warrants)
• Specific instructions for apprehending officers
• Command phone number
• Command fax number
• Cell phone or pager number
• Assigned
• Rank
• Name
• Tax number
• Command
• Command Code
• Reviewed by/Approved by
• Rank
• Supervisors Name
• Tax No
• Signature

Cancellation of I-Cards, Investigation Cards, Wanted Cards

•  Reason canceled
  • apprehension
  • discontinued
• Details of apprehension (including date, time. and location of arrest and/or where the subject was residing) or indicate why investigation card was discontinued and no arrest was made
• Canceled by, rank, name, tax no, command, date canceled
• Approval by, rank, name, tax no, command, date.