LexisNexis AnswerGuide: New York Criminal Procedure

Chapter 1 INITIATING DEFENSE OF CLIENTS IN CRIMINAL CASES

 PART A: PROCEDURAL CONTEXT

 1.01 Procedural Context—Initiating Defense of Clients in
 Criminal Cases

 PART B: OBTAINING INFORMATION DURING INITIAL DISCUSSION
 WITH DEFENDANT FOLLOWING ARREST

 1.02 Checklist for Obtaining Information During Initial
 Discussion With Defendant Following Arrest

 1.03 Discussing Defense Counsel’s Representation Following
 Defendant’s Arrest

 PART C: CONDUCTING DEFENSE COUNSEL’S MEETINGS WITH
 CLIENT

 1.04 Checklist for Conducting Defense Counsel’s Meetings With
 Client

 1.05 Initiating Contact With Defendant After Being Retained by
 Someone on Defendant’s Behalf

 1.06 Using Attorney-Client Privilege to Build Trust With Client

 1.07 Meeting Client in Police Custody

 1.08 Meeting Client at Arraignment

 1.09 Preparing to Meet With Client at Counsel’s Office

 1.10 Conducting In-Depth Interview of Client at Defense
 Counsel’s Office

 1.11 Representing Specific Categories of Criminal Clients

 PART D: ARRANGING DEFENSE COUNSEL’S RETAINER AND FEE

 1.12 Checklist for Arranging Defense Counsel’s Retainer and Fee

 1.13 Determining Defense Counsel’s Fee for Different Types of
 Clients

 1.14 Providing Letter of Engagement and Obtaining Written
 Agreement for Clients

 1.15 Billing Clients and Using Escrow Accounts

 1.16 Filing IRS Form 8300 When Necessary

 PART E: MANAGING AND INVESTIGATING CLIENT’S CASE

 1.17 Checklist for Managing and Investigating Client’s Case

 1.18 Hiring Defense Investigators and Experts

 1.19 Interviewing and Managing Defense Witnesses

 1.20 Organizing Defense File and Handling Caseload

 PART F: ANALYZING CASE TO PREPARE FOR TRIAL AND OTHER
 PRELIMINARY PROCEEDINGS

 1.21 Checklist for Analyzing Case to Prepare for Trial and Other
 Preliminary Proceedings

 1.22 Formulating Defense Case Strategy Based on Meeting With
 Client

 1.23 Evaluating Defense Witness Testimony and Other Evidence

 1.24 Exploring Potential Defenses for Client

 Chapter 2 PREPARING TO PROSECUTE CRIMINAL CASES

 PART A: PROCEDURAL CONTEXT

 2.01 Procedural Context—Preparing to Prosecute Criminal Cases

 PART B: COMMENCING PROSECUTION OF CRIMINAL CASE

 2.02 Checklist for Commencing Prosecution of Criminal Cases

 2.03 Investigating Criminal Charges to Prepare to Prosecute
 Criminal Defendant

 2.04 Distinguishing Complaint Procedures Based on Size of
 District Attorney’s Office

 2.05 Appointing Special District Attorney to Act During District
 Attorney’s Disqualification or Absence

 PART C: PROSECUTING SPECIFIC CATEGORIES OF DEFENDANTS

 2.06 Checklist for Prosecuting Specific Categories of Defendants

 2.07 Prosecuting Youthful and Juvenile Offenders

 2.08 Prosecuting Absent Defendants and Fugitives

 2.08.1 Prosecuting Defendant With Mental Problems

 2.08.2 Prosecuting Defendants with Substance Abuse Problems

 PART D: MANAGING PROSECUTION’S INVESTIGATION OF
 DEFENDANT’S CASE

 2.09 Checklist for Managing Prosecution’s Investigation of
 Defendant’s Case

 2.10 Participating in Investigation of Evidence Against Defendant

 2.11 Interviewing Prosecution Witnesses Before Trial

 2.12 Maintaining and Managing Multiple Cases in District
 Attorney’s Office

 PART E: BEGINNING TO PREPARE FOR TRIAL

 2.13 Checklist for Beginning to Prepare for Trial

 2.14 Formulating Case Strategy and Anticipating Arguments

 2.15 Developing Prosecution’s Case

 Chapter 3 EVALUATING CRIMINAL COURT JURISDICTION

 PART A: PROCEDURAL CONTEXT

 3.01 Procedural Context—Evaluating Criminal Court Jurisdiction

 PART B: IDENTIFYING COURTS WITH CRIMINAL JURISDICTION

 3.02 Checklist for Identifying Courts With Criminal Jurisdiction

 3.03 Understanding Jurisdiction of Superior and Local Criminal
 Courts

 3.04 Determining Court’s Jurisdiction

 PART C: DETERMINING IF NEW YORK CRIMINAL COURT HAS
 SUBJECT MATTER JURISDICTION

 3.05 Checklist for Determining if New York Criminal Court Has
 Subject Matter Jurisdiction

 3.06 Distinguishing Between Local and Superior Court

 Preliminary Jurisdiction and Trial Jurisdiction

 3.07 Removing Actions from One Local Criminal Court to
 Another

 3.08 Requesting Removal of Misdemeanor Case to Superior Court
 by Prosecutor’s Motion

 PART D: DETERMINING IF NEW YORK COURT HAS GEOGRAPHIC
 JURISDICTION OVER OFFENSE

 3.09 Checklist for Determining if New York Court Has
 Geographic Jurisdiction over Offense

 3.10 Distinguishing Burdens of Proof for Jurisdiction and Venue

 3.11 Determining if State Has Geographic Jurisdiction

 3.12 Determining Whether Particular County, City, Town, or
 Village Has Geographic Jurisdiction

 3.13 Challenging Geographic Jurisdiction

 PART E: DETERMINING NEW YORK’S GEOGRAPHICAL
 JURISDICTION OVER OFFENSES INVOLVING
 COMMUNICATION AND TRANSPORTATION BETWEEN
 JURISDICTIONS

 3.14 Checklist for Determining New York’s Geographical
 Jurisdiction over Offenses Involving Communication and
 Transportation Between Jurisdictions

 3.15 Communicating Information and Transporting Property
 Between Jurisdictions

 Chapter 4 PREPARING FOR ARRAIGNMENT AND
 PRELIMINARY HEARING

 PART A: PROCEDURAL CONTEXT

 4.01 Procedural Context—Preparing for Arraignment

 PART B: SATISFYING PURPOSE OF ARRAIGNMENT

 4.02 Checklist for Understanding and Fulfilling Purpose of
 Arraignment

 4.03 Ensuring Defendant’s Rights Are Protected at Arraignment
 4.04 Entering Plea at Arraignment

 PART C: MANAGING ARRAIGNMENT PROCEEDINGS

 4.05 Checklist for Managing Arraignment Proceedings

 4.06 Satisfying Statutory Requirements of Speedy and Public
 Arraignment

 4.07 Navigating Court Procedures at Arraignment in Misdemeanor
 Cases

 4.08 Handling Arraignment on Felony Complaints

 4.09 Handling Arraignment on Indictments

 4.10 Fulfilling Prosecutor’s Responsibilities at Arraignment

 4.11 Fulfilling Defense Counsel’s Responsibilities at Arraignment

 PART D: HOLDING FELONY PRELIMINARY HEARING

 4.12 Checklist for Holding Felony Preliminary Hearing

 4.13 Understanding Purpose of Felony Preliminary Hearing

 4.14 Waiving Felony Preliminary Hearing

 4.15 Conducting Felony Preliminary Hearing

 4.16 Holding Timely Felony Preliminary Hearing

 Chapter 5 EVALUATING BAIL ISSUES

 PART A: PROCEDURAL CONTEXT

 5.01 Procedural Context—Evaluating Bail Issues

 PART B: UNDERSTANDING BAIL POLICIES

 5.02 Checklist for Understanding Bail Policies

 5.03 Setting Bail to Ensure Defendant Returns to Court

 5.04 Reviewing Defendant’s Criminal Record to Guide Bail
 Determinations

 5.05 Navigating CPL 500.10 to Understand Bail Terminology

 PART C: MAKING BAIL APPLICATION AT BAIL HEARING

 5.06 Checklist for Making Bail Application at Bail Hearing

 5.07 Opposing Excessive Bail and Requesting Reasonable Bail

 5.08 Assessing Criteria in Bail Application to Support or Oppose
 Defendant’s Bail

 5.09 Setting Conditions to Defendant’s Release on Bail or Own
 Recognizance

 5.10 Posting Bail and Appearing at Bail Bond Sufficiency Hearing
 PART D: AMENDING AND CHALLENGING BAIL DETERMINATIONS

 5.11 Checklist for Amending and Challenging Bail
 Determinations

 5.12 Changing Bail Conditions

 5.13 Challenging Bail Determinations Through Habeas Corpus

 5.14 Applying for Remission of Bail Forfeiture by Showing

 Defendant’s Absence Not Willful

 Chapter 6 FILING ACCUSATORY INSTRUMENTS

 PART A: PROCEDURAL CONTEXT

 6.01 Procedural Context—Filing Accusatory Instruments

 PART B: DETERMINING FACIAL SUFFICIENCY OF LOCAL CRIMINAL
 COURT ACCUSATORY INSTRUMENT

 6.02 Checklist for Determining Facial Sufficiency of Local
 Criminal Court Accusatory Instrument

 6.03 Filing Local Criminal Court Accusatory Instrument

 6.04 Comparing Form and Content of Information, Misdemeanor
 Complaint, and Felony Complaint

 6.05 Comparing Form and Content of Simplified Information and
 Prosecutor’s Information

 6.06 Applying Statutory Standards in Determining
 FacialSufficiency of Local Criminal Court Accusatory
 Instruments

 6.07 Determining Sufficiency of Information on Its Face

 6.08 Determining Facial Sufficiency of Misdemeanor Complaint
 and Felony Complaint

 6.09 Determining Facial Sufficiency of Simplified Information

 6.10 Determining Sufficiency of Prosecutor’s Information on Its
 Face

 PART C: ASSESSING SUFFICIENCY OF INDICTMENT

 6.11 Checklist for Assessing Sufficiency of Indictment

 6.12 Including Required Elements in Indictment

 6.13 Designating Date or Time Period of Offense

 6.14 Specifying Details of Offense

 6.15 Charging Multiple Defendants

 6.16 Including Separate Counts for Each Offense Charged

 6.17 Prohibiting Allegations of Previous Conviction

 PART D: JOINING OFFENSES, CONSOLIDATING ACCUSATORY
 INSTRUMENTS, AND SEVERING DEFENDANTS AND
 COUNTS OF ACCUSATORY INSTRUMENTS

 6.18 Checklist for Joining Offenses, Consolidating Accusatory
 Instruments, and Severing Defendants and Counts of
 Accusatory Instruments

 6.19 Distinguishing Between Consolidation, Joinder, and
 Severance

 6.20 Permitting Joinder of Offenses

 6.21 Consolidating Indictments

 6.22 Demonstrating Good Cause for Severance of Defendants

 6.23 Joining, Consolidating, and Severing Principles Applicable to
 Local Criminal Court Accusatory Instruments

 6.24 Impaneling Multiple Juries

 PART E: AMENDING AND FILING SUPERSEDING ACCUSATORY
 INSTRUMENTS

 6.25 Checklist for Amending and Filing Superseding Accusatory
 Instruments

 6.26 Applying for Amendment of Indictment

 6.27 Amending Prosecutor’s Information and Informations

 6.28 Dismissing First Instrument Following Filing of Second
 Instrument

 PART F: WAIVING INDICTMENT

 6.29 Checklist for Waiving Indictment

 6.30 Satisfying Conditions for Waiver of Indictment

 6.31 Adhering to Procedural Requirements Following Waiver of
 Indictment

 Chapter 7 CONSIDERING GRAND JURY ISSUES

 PART A: PROCEDURAL CONTEXT

 7.01 Procedural Context—Considering Grand Jury Issues

 PART B: IMPANELING GRAND JURY

 7.02 Checklist for Impaneling Grand Jury

 7.03 Understanding How Grand Jury Functions

 7.04 Qualifying Jurors for Grand Jury Service

 7.05 Challenging Grand Jury Panel and Individual Grand Jurors

 7.06 Conforming to Procedural Requirements Involving Grand
 Jurors Before Presentment and Action

 PART C: SATISFYING DEFENDANT’S NOTICE AND APPEARANCE
 RIGHTS

 7.07 Checklist for Satisfying Defendant’s Notice and Appearance
 Rights

 7.08 Providing Defendant With Notice of Grand Jury Proceeding
 and Right to Appear

 7.09 Complying With Defendant’s Request to Appear as Witness
 Before Grand Jury

 7.09.1 Complying With Defendant’s Request for Grand Jury to Hear
 Defense Witnesses

 PART D: MAINTAINING INTEGRITY OF GRAND JURY PROCEEDINGS

 7.10 Checklist for Maintaining Integrity of Grand Jury
 Proceedings

 7.11 Limiting Presence of Unauthorized People During Grand
 Jury Proceedings

 7.12 Imposing Secrecy on Grand Jury Proceedings

 7.13 Adhering to Rules of Evidence at Grand Jury Proceedings

 7.14 Instructing Grand Jurors on Law

 PART E: GRANTING IMMUNITY FROM PROSECUTION TO WITNESS
 BEFORE GRAND JURY

 7.15 Checklist for Granting Immunity from Prosecution to
 Witness Before Grand Jury

 7.16 Granting Grand Jury Witness Transactional Immunity

 7.17 Triggering Exceptions to Rule of Grand Jury Immunity

 7.18 Waiving Grand Jury Immunity

 PART F: EXERCISING GRAND JURY’S AUTHORITY

 7.19 Checklist for Exercising Grand Jury’s Authority

 7.20 Issuing Subpoenas for Witnesses and Physical Evidence at
 Grand Jury

 7.21 Authorizing Indictment by Grand Jury

 7.22 Filing Prosecutor’s Information at Grand Jury Direction

 7.23 Filing Request to Remove Case from Grand Jury to Family
 Court

 7.24 Dismissing Charges and Seeking Resubmission to Grand Jury

 7.25 Releasing Defendant for Failure of Grand Jury to Take
 Action

 7.26 Submitting Reports by Grand Jury Recommending
 Disciplinary Action for Public Servant

 Chapter 8 UNDERSTANDING ISSUES RELATED TO GUILTY
 PLEAS

 PART A: PROCEDURAL CONTEXT

 8.01 Procedural Context—Understanding Issues Related to Guilty
 Pleas

 PART B: ENTERING GUILTY PLEA

 8.02 Checklist for Entering Guilty Plea

 8.03 Pleading Guilty to Entire Indictment or Reduced Charges

 8.04 Considering Other Types of Pleas

 PART C: EXERCISING PROSECUTOR’S DISCRETION IN PLEA
 BARGAINING

 8.05 Checklist for Exercising Prosecutor’s Discretion in Plea
 Bargaining

 8.06 Evaluating Case to Determine Whether to Offer Plea to
 Defendant

 8.07 Complying With Prosecutor’s Duties in Plea Negotiation

 8.08 Allowing Defendant to Enter Into Cooperation Agreement

 PART D: NEGOTIATING PLEA AGREEMENT ON BEHALF OF
 DEFENDANT

 8.09 Checklist for Negotiating Plea Agreement on Behalf of
 Defendant

 8.10 Counseling Defendant About Benefits and Sacrifices of
 Pleading Guilty

 8.11 Fulfilling Defense Counsel’s Responsibilities in Plea
 Bargaining Process

 8.12 Using Negotiation Tactics to Obtain Best Plea Offer for
 Defendant

 8.13 Involving Court in Plea Negotiation

 PART E: CONDUCTING HEARINGS RELATED TO PLEA

 8.14 Checklist for Conducting Hearings Related to Plea

 8.15 Holding Hearing on Predicate Felony Conviction

 8.16 Performing Prosecutor’s Duties at Plea Allocution

 8.17 Entering Defendant’s Knowing and Voluntary Plea

 8.18 Performing Defense Counsel’s Duties at Plea Allocution

 PART F: WITHDRAWING PLEAS

 8.19 Checklist for Pre- and Post-Sentence Withdrawal of Pleas

 8.20 Permitting Defendant to Withdraw Plea Prior to Sentence

 8.21 Making Post—Sentence Plea Challenge to Guilty Plea

 PART G: ENFORCING PLEA AGREEMENTS

 8.22 Checklist for Enforcing Plea Agreements

 8.23 Failing to Fulfill Plea Bargain Promise: Prosecutor or Court

 8.24 Failing to Perform Condition of Plea Agreement: Defendant

 8.25 Sentencing and Re-sentencing

 Chapter 9 DISCOVERY PROCEDURES

 PART A: PROCEDURAL CONTEXT

 9.01 Procedural Context—Discovery Procedures

 PART B: COMPLYING WITH DEFENDANT’S DISCOVERY DEMANDS

 9.02 Checklist for Complying With Defendant’s Discovery
 Demands

 9.03 Understanding When CPL Discovery Provisions Triggered

 9.04 Serving Defendant’s Discovery Demand

 9.05 Examining Defendant’s Statements

 9.06 Providing Defendant With Grand Jury Testimony

 9.07 Turning Over Reports or Documents of Physical or Mental
 Exams, Scientific Tests, or Experiments

 9.08 Furnishing Defendant With Copies of Photographs and
 Drawings

 9.09 Providing Defendant With Property Taken from Defendant

 9.10 Supplying Defendant With Tapes and Electronic Recordings

 Prosecutor Intends to Use at Trial

 9.11 Providing Evidence Favorable to Defendant; Brady Material

 9.12 Disclosing Defendant’s Prior Criminal, Vicious, or Immoral
 Acts

 9.13 Turning Over Witness’s Prior Statements; Rosario Material
 9.14 Disclosing Information About Witnesses

 PART C: REFUSING DISCOVERY DEMAND

 9.15 Checklist for Refusing Discovery Demand

 9.16 Complying With Procedural Requirements for Discovery
 Demand Refusal

 9.17 Failing to Refuse Discovery Demand in Required Manner

 9.18 Requesting Sanctions for Failure to Comply With Discovery
 Demand

 PART D: OBTAINING DISCOVERY BY COURT ORDER

 9.19 Checklist for Obtaining Discovery by Court Order

 9.20 Seeking Court Order for Defendant to Obtain Discovery

 9.21 Ordering Reciprocal Discovery

 9.22 Seeking Court Order for Prosecution to Obtain Discovery

 PART E: SEEKING PROTECTIVE ORDERS AND COMPLYING WITH

 DISCOVERY PRINCIPLES

 9.23 Checklist for Seeking Protective Orders and Complying With
 Discovery Principles

 9.24 Setting Forth Good Cause for Protective Order

 9.25 Complying With Discovery Principles

 PART F: OBTAINING DISCOVERY THROUGH OTHER MEANS

 9.26 Checklist for Obtaining Discovery Through Other Means

 9.27 Using Subpoena Duces Tecum

 9.28 Obtaining Bill of Particulars

 9.29 Requesting Records Under Freedom of Information Law

 9.30 Requesting Other Hearings

 9.31 Requesting Informal Discovery

 9.32 Defense Obligation to Serve Notices

 Chapter 10 EVALUATING IDENTIFICATION PROCEDURES

 PART A: PROCEDURAL CONTEXT

 10.01 Procedural Context—Evaluating Identification Procedures

 PART B: CHALLENGING IDENTIFICATION PROCEDURES

 10.02 Checklist for Challenging Identification Procedures

 10.03 Asserting Violation of Defendant’s Right to Counsel

 10.04 Claiming That Identification Procedure Impermissibly
 Suggestive

 10.05 Attacking Reliability of Identification Procedures

 10.06 Failing to Provide Notice About Identification Procedures

 10.07 Making Motion to Suppress Identification Evidence

 10.08 Meeting Burden at Wade Hearing

 PART C: COMPELLING DEFENDANT TO PARTICIPATE IN
 IDENTIFICATION PROCEDURE

 10.09 Checklist for Compelling Defendant to Participate in
 Identification Procedure

 10.10 Requiring Defendant’s Participation in Identification
 Procedure

 PART D: USING PRIOR IDENTIFICATION EVIDENCE

 10.11 Checklist for Using Prior Identification Evidence

 10.12 Laying Proper Foundation for Admission of Prior
 Identification

 10.13 Bolstering Witness’s In-Court Identification

 Chapter 11 CHALLENGING ADMISSIBILITY OF DEFENDANT’S
 CONFESSION

 PART A: PROCEDURAL CONTEXT

 11.01 Procedural Context—Challenging Admissibility of
 Defendant’s Confession

 PART B: ISSUING MIRANDA WARNINGS

 11.02 Checklist for Issuing Miranda Warnings

 11.03 Determining Whether Defendant Was in Police Custody to
 Invoke Miranda Warnings

 11.04 Assessing Sufficiency of Miranda Warnings

 11.05 Determining if Defendant Waived Miranda Rights

 11.06 Determining Admissibility of Evidence Obtained Without
 Miranda Warnings in Traffic Cases

 11.07 Invoking Miranda Exceptions

 PART C: DETERMINING IF DEFENDANT’S RIGHT TO COUNSEL IS
 VIOLATED

 11.08 Checklist for Determining if Defendant’s Right to Counsel Is
 Violated

 11.09 Determining if Defendant Adequately Requested Counsel

 11.10 Determining Defendant’s Right to Counsel When
 Represented by Counsel on Unrelated Charge

 11.11 Determining Defendant’s Right to Counsel if Defendant
 Commits New Crimes After Requesting Counsel

 11.12 Evaluating Sufficiency of Attenuation of Illegal Activities to
 Determine if Statements Are Admissible

 PART D: DETERMINING VOLUNTARINESS OF DEFENDANT’S
 CONFESSION UNDER TRADITIONAL DUE PROCESS
 GROUNDS

 11.13 Checklist for Determining Voluntariness of Defendant’s
 Confession Under Traditional Due Process Grounds

 11.14 Determining Whether Confession Is Involuntary Based on
 Defendant’s Physical or Mental Condition

 11.15 Determining if Authorities Coerced Defendant’s Confession

 11.16 Proving Voluntariness of Defendant’s Confession for Its
 Admissibility

 11.17 Determining Whether Defendant’s Confession Is Sufficiently
 Corroborated

 Chapter 12 CHALLENGING AND DEFENDING SEARCH AND
 SEIZURES
 PART A: PROCEDURAL CONTEXT

 12.01 Procedural Context—Challenging and Defending Search and
 Seizures

 PART B: COMPLYING WITH FOURTH AMENDMENT AND
 PROSECUTION

 12.02 Checklist for Complying With Fourth Amendment and
 Prosecution

 12.03 Prohibiting Unreasonable Search and Seizure

 12.04 Applying Exclusionary Rule to Prevent Admission of
 Evidence

 12.05 Precluding Admission of Evidence Under “Fruit of the
 Poisonous Tree” Doctrine

 12.06 Admitting Illegally Obtained Evidence Despite “Fruit of the
 Poisonous Tree” Doctrine

 12.07 Ensuring Search and Seizure Is Based on Probable Cause if
 Search Warrant Issued

 12.08 Demonstrating Defendant Has Standing to Object to Search

 PART C: OBTAINING AND CHALLENGING SEARCH WARRANT

 12.09 Checklist for Obtaining and Challenging Search Warrant

 12.10 Applying for Search Warrant

 12.11 Ensuring Content of Search Warrant Meets Statutory
 Requirements

 
 12.12 Determining if Police Officers Properly Executed Search
 Warrant

 12.13 Challenging Probable Cause for Search Warrant

 12.14 Evaluating Staleness of Information in Search Warrant

 12.15 Distinguishing Arrest Warrant from Search Warrant

 PART D: DETERMINING IF PROBABLE CAUSE EXISTS IN
 WARRANTLESS INTRUSION

 
 12.16 Checklist for Determining if Probable Cause Exists in
 Warrantless Intrusion

 
 12.17 Handling Case With Warrantless Arrest and Warrantless
 Intrusion

 
 12.18 Demonstrating Probable Cause for Warrantless Arrest

 
 12.19 Evaluating Whether Police Action Constitutes De Facto
 Arrest

 
 PART E: JUSTIFYING SEARCH BY INVOKING EXCEPTIONS TO
 WARRANT REQUIREMENT

 
 12.20 Checklist for Justifying Search by Invoking Exceptions to
 Warrant Requirement

 
 12.21 Determining if Police Have Consent to Enter Premises

 
 12.22 Demonstrating Exigent Circumstances to Justify Police Entry
 Without Warrant

 
 12.23 Challenging Stop and Frisk on Street

 
 12.24 Determining Whether Police Search Incident to Arrest Is
 Justified

 
 12.25 Determining When Automobile Exception to Warrant
 Applies

 
 12.26 Determining if Police Seizure of Items in Plain View Is
 Lawful

 
 12.27 Determining if Police Seizure of Items in Border Search Is
 Lawful

 
 12.28 Determining if Police Recovery of Abandoned Property Is
 Lawful

 
 12.29 Admitting Evidence Derived from Strip Searches, Physical
 Tests, and Surgical Intrusions

 
 Chapter 13 UNDERSTANDING PRETRIAL MOTIONS AND
 HEARINGS
 PART A: PROCEDURAL CONTEXT

 
 13.01 Procedural Context—Understanding Pretrial Motions and
 Hearings

 PART B: MAKING PRETRIAL MOTIONS

 13.02 Checklist for Making Pretrial Motions

 13.03 Selecting Applicable Pretrial Motion

 13.04 Filing Procedures for Pretrial Motions

 PART C: MOVING TO DISMISS INDICTMENT, ACCUSATORY
 INSTRUMENT, OR ANY COUNT

 13.05 Checklist for Moving to Dismiss Indictment, Accusatory
 Instrument, or Any Count

 13.06 Dismissing Indictment or Count on Statutory Grounds

 13.07 Moving for Dismissal of Misdemeanors

 13.08 Following Procedures Applicable to All Motions to Dismiss
 Indictments and Accusatory Instruments

 PART D: MOVING FOR REMOVAL OR CHANGE OF VENUE

 13.09 Checklist for Moving for Removal or Change of Venue

 13.10 Applying for Removal of Criminal Action

 13.11 Distinguishing Removal from Change of Venue

 13.12 Finding Good Cause for Removal

 13.13 Making Change of Venue Motion

 13.14 Expanding Jury Pool

 13.15 Staying Trial Pending Decision on Motion for Removal or
 Change of Venue

 PART E: MOVING FOR SUPPRESSION

 13.16 Checklist for Moving for Suppression

 13.17 Suppressing Evidence

 13.18 Following Procedures for Making Suppression Motion

 13.19 Seeking Suppression of Physical Evidence

 13.20 Seeking Suppression of Statements and Confessions

 13.21 Seeking Suppression of Identification Evidence

 13.22 Seeking Suppression of Derivative Evidence

 13.23 Seeking Suppression of Electronic Surveillance Evidence

 13.24 Seeking Suppression of Results of Chemical and
 Breathalyzer Tests

 13.25 Complying With Notice Requirements for Suppression of
 Evidence

 PART F: PARTICIPATING IN PRETRIAL HEARINGS

 13.26 Checklist for Participating in Pretrial Hearings

 13.27 Preparing for Suppression Hearing

 13.28 Summarily Granting or Denying Suppression Motion

 13.29 Conducting Suppression Hearings

 13.30 Meeting Burdens of Proof at Suppression Hearing

 13.31 Handling Different Types of Pretrial Hearings

 TABLE OF STATUTES

 INDEX