Judge William Virkler recently presented to the Oneida County Magistrates Association. Thirty Justices from across the County heard Prof. Virkler present the trial process regarding pre-trial hearings that are held to answer questions and issues raised by Defense Council prior to the start of a trial. There were dozens of possible issues raised; and the following more common hearings were covered by Prof. Virkler:
- :: Huntley Hearing - to determine if the oral statements made by the Defendant were made voluntarily. The People have the burden to prove the statements were voluntary, otherwise they will be suppressed.
- :: Dunaway/Ingle Hearing - to determine whether evidence should be surpassed as the fruit of a seizure of the defendant without probable cause. For example, a common argument in cases of DWI is that the police officer lacked probable cause to make the initial stop of the Defendant's automobile. Therefore, all the evidence, such as the Breathalyzer test results, should be suppressed, which would effectively dismiss the case. The People have the burden to prove the officer had probable cause to make the stop.
- :: Wade Hearing - to determine if the identification of the Defendant was made properly and was not unduly suggestive.
- :: Pringle Hearing - to determine if the Court has both a prima fascia case and a certified Breathalyzer prior to the immediate suspension of the Defendant's license at arraignment.
- :: Mapp Hearing - to determine if physical evidence seized by police should be suppressed.
- :: Sandoval/Ventimiglia Hearing - this is held just prior to jury selection to determine what prior crimes or bad acts may be brought out on cross-examination of the Defendant, should the Defendant choose to testify.
Judge Virkler often presents to Oneida County Judges on typical Town and Village Court matters. He has also instructed Statewide through the Office of Court Administration and the Office of Justice Support. He is in his 16th year as Justice in the Town of New Hartford, where he serves as Chief Judge; as well as Acting Village Justice of New Hartford.