Pre-Trial Motions and Hearings

Hearings

Q: What is a suppression hearing?

It's a pretrial hearing where a judge decides whether evidence, such as statements, physical evidence, or identifications, was obtained lawfully. If not, the evidence may be excluded from trial.

Q: What happens if the police didn't read me my Miranda rights?

If you were in custody and questioned by police without Miranda warnings, your statements may be suppressed. Other, independent evidence may still be used, and a lack of Miranda warnings does not by itself end the case.

Q: Can a case be dismissed because of a pretrial motion?

Yes. Cases can be dismissed for legally insufficient charges, speedy trial violations, problems with grand jury proceedings, or when suppressed evidence leaves the prosecution unable to proceed.

Q: What is a Huntley hearing?

It's a hearing to decide whether a defendant's statements to police were voluntary and lawfully obtained. In New York, the prosecution must prove voluntariness beyond a reasonable doubt.

Q: What is a Mapp hearing?

It's a hearing to decide whether physical evidence was obtained through a lawful search and seizure. If the search was unlawful, the evidence may be suppressed.

Many criminal cases are won or lost before trial ever begins. Pretrial motions and hearings allow the defense to challenge how the police obtained evidence, whether the charges are legally sufficient, and whether the prosecution has met its legal obligations. A successful motion can keep key evidence away from the jury, force the reduction of charges, or lead to the dismissal of the case.

At Sharifov & Associates, PLLC, we review every case for motion and hearing issues from the very beginning. This page explains the most common pretrial motions and hearings in New York criminal cases and what each one can accomplish.

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Pretrial Motions

The defense usually files its main pretrial motions together in a single set of papers, known as an omnibus motion. These motions must be filed within strict deadlines, so an early review of the case is essential. Depending on how the person was arrested, how the evidence was obtained, and the charges, common motions include:

Motion to dismiss for facial insufficiency. In misdemeanor cases, the charging document must contain facts that, if true, establish every element of the offense. If it doesn't, the charge can be dismissed.

Motion to inspect the grand jury minutes and dismiss or reduce the indictment. In felony cases, the defense can ask the court to review whether the evidence presented to the grand jury was legally sufficient and whether the proceedings were properly conducted.

(Learn more: Grand Jury)

Motion to dismiss on speedy trial grounds. If the prosecution was not ready for trial within the time allowed by law, the case can be dismissed.

Motion to dismiss in the interest of justice. In rare cases, the court may dismiss charges even when the evidence is sufficient, based on factors such as the circumstances of the case and the defendant's background.

Motions to suppress evidence (CPL 710.20). These ask the court to exclude evidence obtained illegally, including:

statements made by the defendant to police, such as statements obtained without Miranda warnings during custodial interrogation, or statements that were involuntary;
physical evidence obtained through an unlawful stop, search, or seizure;
identifications that resulted from an unduly suggestive police procedure; and
in DWI cases, chemical test results and evidence of a refusal to take a chemical test.

Motions to preclude evidence. In New York, the prosecution generally must give notice, within 15 days after arraignment, if it intends to use certain statements by the defendant or certain police-arranged identifications at trial (CPL 710.30). If it fails to do so without good cause, the defense can move to preclude that evidence.

Discovery motions. Under New York's discovery law, the prosecution must automatically turn over most evidence and certify its compliance. The defense can challenge an incomplete certificate of compliance, ask the court to compel missing discovery, and seek remedies for violations. Under the 2025 amendments, these challenges must be raised promptly.

Bill of particulars. The defense can request a bill of particulars to clarify the specific factual allegations the prosecution intends to prove at trial.

Why Suppression Hearings Matter

When a suppression motion raises factual disputes, the court usually orders a hearing before trial. Police officers and other witnesses testify under oath and are cross-examined by the defense. The judge then decides whether the evidence was obtained lawfully.

Suppression hearings offer important advantages:

if key evidence is suppressed, the prosecution may not be able to proceed, and the case may be reduced or dismissed;
the hearing gives the defense an early opportunity to cross-examine police witnesses under oath, and their testimony can later be used to challenge inconsistencies at trial; and
the outcome often reshapes plea negotiations.

Common Pretrial Hearings in New York

New York hearings are often named after the court decisions that created them.

HearingWhat it decides

Huntley hearing

Whether the defendant's statements to police were voluntary and obtained in compliance with Miranda and the right to counsel. The prosecution must prove voluntariness beyond a reasonable doubt.

Mapp hearing

Whether physical evidence, such as drugs, weapons, or property, was obtained through a lawful search and seizure, including whether any consent to search was voluntary.

Dunaway hearing

Whether police had probable cause to arrest or detain the defendant. If not, statements, identifications, and evidence obtained as a result may be suppressed.

Wade hearing

Whether a police-arranged identification procedure, such as a lineup, photo array, or showup, was unduly suggestive. If so, the identification may be suppressed.

Rodriguez hearing

Whether a witness knew the defendant so well before the incident that an identification procedure was merely confirmatory, which would make a Wade hearing unnecessary.

Ingle hearing

Whether the police had a lawful basis to stop the defendant's vehicle. Often critical in DWI, drug, and weapons cases.

Payton hearing

Whether police unlawfully entered the defendant's home to make an arrest without a warrant, consent, or an emergency.

Darden hearing

Whether a confidential informant, relied on to establish probable cause, actually exists and provided the information claimed. The informant is typically examined privately by the judge.

Refusal hearing (DWI)

Whether the driver was given clear and proper warnings before a refusal to take a chemical test, which determines whether the refusal can be used at trial. (Learn more: DWI)

Sandoval hearing

Which of the defendant's prior convictions or bad acts, if any, the prosecutor may ask about if the defendant testifies at trial.

Molineux / Ventimiglia hearing

Whether the prosecution may introduce evidence of uncharged crimes or prior bad acts as part of its case at trial.

Sirois hearing

Whether the defendant caused a witness to become unavailable, such as through threats or intimidation. If so, the witness's prior statements may be admitted at trial.

Clayton hearing

Whether charges should be dismissed in the interest of justice. The court may decide this motion with or without a hearing.

Competency (Article 730) examination

Whether the defendant has the capacity to understand the proceedings and assist in their own defense.

Preliminary hearing

In a felony case before indictment, whether there is reasonable cause to hold the defendant for grand jury action. Preliminary hearings are uncommon because most felony cases are presented directly to a grand jury.

Crawford (Forman) hearing

A prompt evidentiary hearing to challenge a temporary order of protection that may cause an immediate and significant loss of a substantial personal or property interest, most often when the order excludes the defendant from their home. (Learn more: Arraignment)

How Hearings Work

Most suppression hearings take place after discovery and before trial. Some are held right before jury selection. At a hearing:

the prosecution usually calls police witnesses to explain what happened;
the defense cross-examines those witnesses and may call its own witnesses;
video evidence, such as police body camera footage, often plays a central role; and
the judge issues a written or oral decision on whether the evidence can be used at trial.

The rules on who must prove what, and by what standard, vary from hearing to hearing. In some cases, the defendant must first show a personal privacy interest in the place searched or the item seized. An experienced attorney knows how to frame these issues and build a record that preserves them for appeal.

Why Early Review Matters

Motion deadlines are strict, and many issues can be lost if they are not raised on time. From the start of the case, we:

review the charging documents for legal defects;
analyze every police report, body camera video, and discovery item;
identify issues with the stop, arrest, search, statements, and identifications;
track speedy trial and discovery deadlines; and
file motions that protect the client's rights and strengthen the defense position.

Sharifov & Associates, PLLC

Why Choose Sharifov & Associates, PLLC

Experience with pretrial motions and hearings in NYC Criminal Court, Nassau and Suffolk courts, and federal court

Every case reviewed for suppression and dismissal issues from the very beginning

Offices in NYC and Long Island, close to the courts where our clients' cases are heard

Criminal and immigration experience under one roof, which is essential for non-citizen defendants · immigration consequences of criminal charges

Hearings questions

Frequently Asked Questions

What is a suppression hearing?

What happens if the police didn't read me my Miranda rights?

Can a case be dismissed because of a pretrial motion?

What is a Huntley hearing?

What is a Mapp hearing?

What is probable cause in New York?

Probable cause is the level of proof police need to arrest someone. It exists when reliable facts would lead a reasonable person to believe that an offense was likely committed and that the person being arrested committed it. New York law calls this standard "reasonable cause."Probable cause requires more than a hunch or suspicion, but far less than the proof needed to convict at trial. It can be based on what an officer saw, statements from a victim or witness, video, or information from an informant, as long as that information is reliable.Probable cause is judged by what police knew at the moment of the arrest. Evidence found afterward cannot be used to justify an arrest that was unlawful when it happened.If you were arrested without probable cause, your attorney can challenge the arrest at a Dunaway hearing. This challenge must be raised in pretrial motions, which have strict deadlines, so early legal review matters. If the judge finds the arrest unlawful, statements, identifications, and physical evidence that police obtained because of it can be suppressed. Losing that evidence can weaken the prosecution's case or lead to a dismissal.

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