Pre-trial Hearings

If you are charged with a crime and awaiting trial, before a jury in selected and the trial begins, pre-trial hearings must be conducted. If the prosecution seeks to admit evidence whether tangible or intangible, such as a statement, a pre-trial hearing is conducted to ensure the evidence was obtained lawfully. This occurs before a jury is selected. The judges determines whether evidence will be admitted at trial.

The most common hearings include the most common hearings are Huntley hearings, Wade Hearings, and Dunaway hearings. If the defendant made a statement or admission to police, a Huntley hearing is held to ensure the statement was obtained lawfully, the statement was given voluntarily after being read your Miranda warnings pursuant to C.P.L 60.45.  If the defendant was identified as the perpetrator of a crime in a identification procedure, such as a show-up, line-up, or photo array, a wade hearing is held to ensure the ID procedure was not unduly suggestive.

If you were arrested and the police did not have an arrest warrant, there must be probable cause. If probable cause is at issue, a Dunaway hearing is held. A Dunaway hearing also determines the admissibility of observations made by police under the Fourth Amendment.