What is a pre-trial hearing?

A pre-trial hearing is held before trial to determine the admissibility of evidence. Evidence can be tangible items, as well as statements and identifications. The purpose of pre-trial hearings is for a judge to decide whether the evidence obtained and being used against you was constitutionally obtained. If the evidence was obtained illegally, then the evidence must be suppressed and cannot be used against you.  There are many different pre-trial hearings. The most common hearings held in criminal actions are Huntley hearings, Wade hearings, Dunaway hearings, and Map hearings.

A Huntley hearing determines the admissibility of a defendant's statements to law enforcement. This right arises from your Fifth Amendment right to remain silent and your Sixth Amendment right to counsel.  

A Wade hearing determines the admissibility of a defendant’s out-of-court and in-court identification. An out-of-court identification is when a person identifies a defendant as the person accused of a crime anywhere but during the trial. An in-court identification occurs when a witness is testifying in a criminal action and points to the defendant as the person accused of the crime in which they are charged. This right arises out of the New York State Constitution.

A Dunaway hearing determines whether the police had probable cause to arrest a defendant. This hearing is usually heard when police arrest a defendant during a routine traffic stop or on the street as opposed to someone calling the police and filing charges. However, in both cases, a defense attorney can request a Dunaway hearing to determine what the police knew at the time of the arrest and how they learned of such information. 

A Map hearing determines whether the police violated a defendant’s Fourth Amendment right against unreasonable searches and seizures. Therefore, if the Court finds that the basis for the stop was unlawful or the basis for the search was unlawful, then everything obtained by police as a result of that unreasonable stop and/or unreasonable search must be suppressed.