Pre-Trial Hearings to Defend New York Criminal Cases
Westchester County Criminal Defense Lawyer
What are Pre-trial Criminal Hearings?
Under the Criminal Laws of New York State, a criminal defense lawyer may, on behalf of the client, request that the Court hold hearings, which are court proceedings, to resolve legal issues that would not be appropriate for a jury to consider during a trial. In Westchester County and throughout NYS, the pre-trial hearings are referred to by specific names. Typically, the pre-trial criminal hearings are requested as part of a formal written motion and many are consented to by the prosecution. The Court will consider the written motion and order which hearings will be conducted. Depending on the issue, the Court may require witnesses, documents and other evidence be produced at the hearing.
Defining the Types of Pre-Trial Criminal Hearings
1.Clayton Hearing -- Seeks to have the case dismissed in the interest of justice. In Westchester County the criminal defense lawyer will usually make a motion on paper in advance of this hearing.
2. Competency Hearing -- Determines whether or not the accused understands the charges, proceedings and can assist in his/her own defense.
3. Darden Hearing -- Determines whether or not the identity of the informants should be disclosed to the defense.
4. Dunaway Hearing -- Determines whether or not a statement obtained from the defendant after an arrest should be suppressed because the arrest lacked probable cause.
5. Forman Hearing -- Determines whether or not an ex parte Order of Protection should be continued.
6. Frye Hearing -- Determines whether or not the scientific procedures used during a criminal investigation are accepted and reliable to be admissible at trial.
7. Huntley Hearing -- Determined whether or not the defendant’s statement to the police was made voluntarily. Involuntary statements are inadmissible at trial.
8. Ingle Hearing -- Determines whether or not the police legally stopped a motor vehicle. This is commonly heard in DWI cases involving roadblocks or checkpoints.
9. Mapp Hearing -- Determines whether or not physical evidence should be suppressed. One of the issues addressed at this hearing may include if the police had consent to search the area or property of the defendant.
10. Payton Hearing -- Determines whether or not there was an emergency circumstance to justify an arrest in the accused's home without a warrant.
11. Preliminary Hearing/Felony Hearing -- Determines whether or not reasonable cause exists to believe that the defendant committed a felony to justify holding the defendant in jail.
12. VOP Hearing -- This deals with Violations of Probation to determine if the individual on probation violated the terms of the probation sentence.
13. Restitution Hearing -- Determines if restitution is owed to the complainant and how much restitution is due.
14. Rodriguez Hearing -- Determines if the accused and the witness knew each other for the purposes of identifying the defendant.
15. Sandoval Hearing -- Determines what can be used at trial to impeach the defendant at trial.
16. SORA Hearing -- This hearing is held post-conviction to determine the sex offender level of the defendant.
17. Ventimiglia Hearing -- Determines if the prosecution can use any uncharged crimes of the defendant during the prosecution's case.
18. Wade Hearing -- Determines the admissibility of an identification of the defendant by a witness.
Using the Pre-Trial Hearings to Defend You
At Riebling & Payton, PLLC, our Westchester criminal defense attorneys will analyse your case in great detail and explain the importance of certain hearings to your situation. Anyone facing a criminal trial must have confidence that their criminal defense lawyer has the experience and ability to competently develop and implement a successful trial defense. Knowing how to use the pre-trial hearings is an important and necessary part of creating that defense strategy. Defense attorneys Stephen Riebling and Marcia Payton have a proven and unmatched record of success in defending individuals at trial. They are ready to use that experience and knowledge to help you protect your rights and defend your interests. And, part of the defense will include the appropriate use of pre-trial hearings.
Answering Your Criminal Defense Questions in Westchester, NY
If you or a loved one has a question about the legal process, pre-trial hearings or the criminal defense of a specific case, please do not hesitate to contact us. We are available to our clients 24/7 to answer their questions and address their concerns. Call Today (914) 712-6878.