Draft for you to change.
Many cases are won before trial. Pretrial motions test whether the police followed the law and whether the prosecution can lawfully use its evidence. If key evidence is suppressed, the case often cannot go forward.
The motions
- Omnibus motion. After an indictment we file one comprehensive motion (CPL 255.20) raising every pretrial issue: discovery, the grand jury proceeding, suppression and more.
- Grand jury minutes. We ask the court to inspect the minutes and dismiss or reduce charges that the evidence did not support or that were improperly presented (CPL 210.20, 210.30).
- Suppression. We move to exclude evidence obtained unlawfully (CPL 710.20).
- Speedy trial. The prosecution must be ready for trial within a set time, six months for most felonies (CPL 30.30). We hold them to it.
- Discovery. We enforce the prosecution's duty to turn over its evidence, including material that helps the defense.
The hearings
Suppression motions usually lead to a hearing before a judge, where officers testify and we cross-examine them.
| Hearing | What it tests |
|---|---|
| Mapp | Whether physical evidence was found in a lawful search |
| Huntley | Whether your statements were voluntary and lawfully obtained |
| Wade | Whether an identification procedure was fair |
| Dunaway | Whether police had probable cause to arrest or detain you |
Before trial the court also decides what prior convictions or bad acts the prosecution may raise (Sandoval and Molineux).
What we do
We read every page of discovery, watch every minute of body-camera footage, and compare the officers' reports with each other and with what they say on the stand.
Tom: photo to shoot: a close-up of a motion with exhibit tabs, and a laptop paused on body-camera footage (nothing identifiable).