What Is a Report Hearing in a Criminal Case?

Police records and other reports are placed on the justice scale.

When a criminal case proceeds to trial, it is a standard practice for the defense to request a pretrial evidence suppression hearing for multiple reasons. Often, there are separate hearings to examine reports from police, the defendant's criminal history, and other documents or reports that could be used as evidence in a case. The defense attorney tries to convince the judge that the reports don't support the charges against the defendant, are irrelevant or contain inaccurate information. According to ExpertLaw.com, defense attorneys can also submit a motion to suppress evidence on the basis that it was obtained in violation of the defendant's constitutional rights.

Police Statements

When a suspect is arrested, a police officer signs a sworn statement affirming the charge or charges. That statement may contain a narrative describing the incident or crime, and may note some evidence obtained at the scene. The police report can be used as evidence in the trial and will be questioned during the pretrial report hearing.

Witness Statements

The person who is identified as a victim as well as others at the scene may provide a documented statement to police and investigator. While witnesses may be questioned during the trial, those statements can be challenged with pretrial motions.

Confession

The defendant may have signed a confession admitting to the crime he was charged with after his arrest. A confession is very damaging evidence, so defense attorneys typically attempt to have that report thrown out on grounds that police did not read the defendant his or her rights at the time of arrest, or on grounds that the defendant was duped or threatened into making the confession.

Criminal Record

Prosecutors will attempt to cite a defendant's previous arrests or convictions, but it's up to the judge to decide whether the defendant's rap sheet or even a portion of it can be admitted into evidence. Defense attorneys often argue that previous charges are irrelevant to the matter at hand, and that mentioning them during the trial would be providing prejudicial information to the jury.

Expert Reports

A doctor's report on a victim's injuries could be introduced into evidence, as could a detailed written explanation from a forensic accountant who would testify how a larceny scheme worked. If it is evidence that the prosecutor introduced, the defense attorney can request an evidence suppression hearing on those types of reports to challenge their validity and relevancy.

References

• Expert Law: Pretrial Procedure