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Pre-Trial Motions and Hearings
Depending on how the person was arrested, how evidence was obtained and the charges in the case, defendant may have certain pre-trial motions to make.
Example of such motions are omnibus motion, motion to dismiss the charges or complaint because allegations are insufficient, motion to suppress certain evidence (statements, results of the test, evidence of refusal to take a chemical test in DWI cases, statements made by the defendant to police officer, tangible physical evidence).
If defendant made statements while in custody and was not given Miranda Warnings, such statements may also be suppressed. Identification can be suppressed if the ID procedure was unduly suggestive.
Defense Attorney can also file demand for discovery and bill of particulars which will provide defense with more discovery of what is available to a prosecutor in a criminal case against defendant.
Depending on the allegations and evidence against the client, there are many pre-trial hearings that can be conducted prior to trial:
- Clayton Hearing – Dismissal in the interests of Justice
- Competency Hearing -- Defendant’s competency to understand and assist in proceedings
- CPL 240.43 Hearing -- Impeachment prior uncharged crimes/bad acts
- Darden Hearing -- Determine existence of informant and whether to disclose informant’s ID
- Dunaway hearing -- Whether statement obtained after arrest without probable cause
- Forman Hearing -- Whether ex parte order of protection should be continued
- Huntley Hearing -- Admissibility/Voluntariness of defendant’s statement to Police
- Ingle Hearing -- Vehicle Stop
- Mapp Hearing -- Suppression of physical evidence. Probable cause. Consent to search
- Payton Hearing -- Whether Defendant was arrested inside home without arrest warrant
- Preliminary Hearing -- Continued detention of Defendant in jail
- Sandoval Hearing -- Impeachment of Defendant
- Ventimiglia Hearing -- Use of uncharged crime on prosecution case
- Wade Hearing -- Validity of Identification process