What is a Darden hearing? For those unfamiliar with the term, it means a motion hearing wherein a witness or an opposing party is allowed to testify about matters of relevance and admissible hearsay. There are certain aspects to the definition that help distinguish this form of evidence from other forms of evidence. First, a motion hearing is not a trial. Unlike a trial, there is no jury trial or the judge presiding over a case in which testimony can be considered and used as admissible.
Because of these differences – motions hearing and trials often take place at different times of day, with the court reserving the right (usually for just a few minutes) to determine the proper time to deliver the hearing. It is important to note that suppression hearings require a motion to suppress because there is a lack of direct evidence against the defendant, or a likelihood of there being a sufficient amount of evidence against the defendant to justify a trial. Ordinarily, a motion to suppress must be accompanied by an affidavit stating what is in fact found against the defendant at trial. The government must then show why the evidence against the defendant should not be suppressed, and they have the burden of proving that their proof is more than likely to fail at trial. If the plaintiff prevails at trial, the evidence the government relies on must be thrown out, and the plaintiff must start all over with their defense in a new court with more charges.
A motion to suppress is also commonly referred to as a motion hearing – wherein a judge may find reasonable suspicion to warrant a search or seizure of the premises. Such a hearing would likely occur after a police officer has arrested a person for suspicion of DWI, or following a DUI arrest. The proper venue for this hearing is the local courthouse because the laws regarding drunk driving vary from state to state. In addition, the venue for a probable cause hearing is typically the local courthouse because the laws regarding drunk driving are very different from state to state.
Both the government and the defendant can choose a venue for a suppression hearing – However, most courts prefer the criminal courthouse because it is close to the defendant’s home, usually so that they will be able to attend the hearing as well. Some courts prefer private forums such as mediation or arbitration hearing, but these are not typical and should be viewed with skepticism.
If the plaintiff appears at a suppression hearing without an attorney – they are probably not going to have much luck. If a motion to suppress is initiated before the attorney appears at the hearing, the attorney will generally advise their client not to talk to the arresting officer and tell them anything without consulting with the attorney first. This means that the attorney will likely have to take their client’s word and tell the officer they were advised not to discuss anything. If the defendant testifies without an attorney present at the hearing, the judge may consider the defendant’s testimony and make a ruling on the basis of that testimony. If a warrant to arrest was issued after the hearing, and if the defendant failed to appear at their initial court date, the warrant will be carried over to the next court date and the prosecutor will attempt to introduce evidence against the defendant at that time.
So what is a darden hearing? A pretrial hearing in a criminal case is a meeting between the defendant and the prosecutor prior to a formal trial. It is generally considered a sham designed to intimidate witnesses and to allow the prosecution to secretly obtain testimony, use secret surveillance equipment or to withhold important information from the defense.
In some cases, a pretrial hearing may result in a dismissed case; in others, it may result in an acquittal.