New York Criminal Suppression Motions

These are the types of suppression hearings requested by the New York criminal defense attorneys:

Mapp hearing: whether the police legally seized property from you.

Huntley hearing:  whether the police acted legally when and if you made a statement to them and whether the statement was voluntarily made.

Wade hearing:  whether the police used fair methods when they had witnesses identify you as having committed the crime.

Dunaway hearing:  whether the police acted legally in arresting you.

During the suppression hearing, testimony is taken from police officers and witnesses. Your lawyer will have a chance to cross-examine the prosecution witnesses. You will also be given a chance to testify and call witnesses. If the prosecutor does not prove that the officers acted legally, or if you, through the evidence you present, prove that the police acted illegally, the judge will suppress the evidence.

If the judge suppresses the evidence, the prosecutor will not be able to introduce the evidence against you at your trial. If the prosecutor has no other evidence against you and does not intend to appeal the judge’s decision, he or she will most likely file a motion asking the judge to dismiss your case.

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