Common Pre-Trial Hearings in a Criminal Case

On the way to trial, many pre-trial motions and hearings may be scheduled. Usually the defense will make an “Omnibus Motion” that will include all the legal motions they will be filing. A date will then be set for the prosecution to answer the motion, as well as a court date. The motions consist of arguments concerning whether certain evidence should be included or excluded at trial. Such evidence may relate to physical evidence, statements, or identification procedures.

On the way to trial, many pre-trial motions and hearings may be scheduled. Usually the defense will make an “Omnibus Motion” that will include all the legal motions they will be filing. A date will then be set for the prosecution to answer the motion, as well as a court date. The motions consist of arguments concerning whether certain evidence should be included or excluded at trial. Such evidence may relate to physical evidence, statements, or identification procedures.

While there are many types of hearings that may be conducted during the pre-trial phase of litigation, some common ones are listed below:

• Dunaway Hearing: determines whether the evidence seized by police resulted from a search based on probable cause. Evidence seized without probable cause for a search will not be admissible in court.

• Huntley Hearing: determines whether statements made by the defendant are admissible. A defendant’s statements to police may be admissible at trial if they were voluntarily made and did not result from coercion.

• Mapp Hearing: concerns the admissibility of either tangible or intangible evidence collected by the police. In order to be admissible, evidence must be obtained from a search based on probable cause.

• Sandoval Hearing: establishes whether prior criminal or otherwise bad acts should be admitted to impeach the defendant. Prior bad acts may only be introduced if the defendant chooses to take the witness stand. To determine whether these prior bad acts are admissible for impeachment purposes, the court will consider the weight of the probative value with the prejudice it may cause the defendant.

• Wade Hearing: concerns the fairness of identification evidence. Usually this type of hearing arises if there is a question regarding identification during a lineup, or in a photo array.

If you have been arrested and charged with a crime, it is important to have legal representation to protect your constitutional rights. Contact an experienced criminal defense attorney who will keep your best legal interests in mind. Call the criminal attorneys at the Law Office of McGuire & Pelaez, P.C. today at (631) 348-1702.