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Understanding Evidentiary Hearings in Criminal Law

September 5, 2025 | The Law Offices of Susan L. Hartman

In criminal law, the term “evidentiary hearing” is frequently encountered, yet many people may not fully understand its significance or procedural intricacies. This post aims to clarify what an evidentiary hearing entails, its purpose within criminal proceedings, and its impact on the justice system.

What is an Evidentiary Hearing? An evidentiary hearing in criminal law is a legal proceeding in which a judge examines evidence and hears testimony to resolve specific factual disputes or to determine the admissibility of certain evidence before a trial. Unlike a full trial, an evidentiary hearing is typically more focused, addressing particular issues that may arise during the pre-trial phase of a criminal case.

Evidentiary hearings are especially common in cases involving motions to suppress evidence, challenges to the legality of arrests, or questions about a defendant’s mental competency. By evaluating the evidence presented, the judge can make informed decisions that can significantly influence the course of a case or the trial.

What is the Purpose of an Evidentiary Hearing? The primary purpose of an evidentiary hearing in criminal matters is to provide the court with a platform to assess evidence related to specific legal issues. Key objectives include:

Determining Admissibility of Evidence: A significant aspect of criminal proceedings involves the admissibility of evidence. An evidentiary hearing allows the judge to determine whether certain evidence was obtained lawfully and whether it meets the standards for admissibility under the rules of evidence.
Addressing Pre-Trial Motions: Criminal defense attorneys often file motions to suppress evidence, arguing some evidence was obtained in violation of the defendant’s constitutional rights. An evidentiary hearing provides a forum for the judge to hear arguments and examine the facts surrounding the evidence in question.
Resolving Factual Disputes: In cases where there are conflicting accounts or discrepancies regarding the facts, an evidentiary hearing allows the court to assess the credibility of witnesses and the reliability of their testimony, aiding in the establishment of factual clarity.
Promoting Fair Trials: By resolving preliminary issues before the main trial, evidentiary hearings help streamline the judicial process and ensure that trials focus on relevant and legally admissible evidence, contributing to a fair trial for the defendant.

California DUI Statute of Limitations: What You Need to Know

September 4, 2025 | The Law Offices of Susan L. Hartman

When it comes to a DUI arrest in California, one of the most common questions is: “How long does the state have to file DUI charges against me?” The answer lies in what is known as the statute of limitations—and if you’ve been arrested for DUI or fear you may be, understanding this legal time limit is essential to protecting your rights.

What Is the Statute of Limitations? In criminal law, the statute of limitations is the legal deadline for the government to file charges. If prosecutors fail to file a case before the statute expires, they may lose the legal ability to prosecute you. The idea is rooted in fairness. Over time, evidence fades, memories weaken, and witnesses disappear. The statute of limitations ensures that criminal charges are filed while facts are still fresh.

Statute of Limitations for DUI in California. How long the state has to file DUI charges depends on whether the case is charged as a misdemeanor or a felony.

Drug DUIs Under Cal. Vehicle Code § 23152(f)

November 20, 2022 | The Law Offices of Susan L. Hartman

It’s common knowledge that driving under the influence of drugs is illegal in California. However, determining exactly what constitutes “driving under the influence of drugs” may come as a surprise. Vehicle Code § 23152(f) is the law that makes driving under the influence of drugs illegal. The law is about as clearly written as it can be: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

While the law is clear in its wording, it still leaves a lot of questions. Below are some of the most common questions about charges related to driving under the influence of drugs.

Is It Illegal to Drive Under the Influence of All Drugs? Or Just Illegal Drugs?

San Diego Superior Court Update: Closure Continues

April 29, 2020 | The Law Offices of Susan L. Hartman

Today, the San Diego County Bar Association hosted a “State of the Court Address” online via Zoom. Presenters included the San Diego Superior Court Presiding Judge Lorna Alksne, Assistant Presiding Judge Michael Smyth, and Mike Roddy, the CEO of the Superior Court. There were over 2600 attendees in on the meeting to hear the latest updates! Allegedly, this was the largest Zoom meeting of its kind regarding the state of the court in the State of California.

As for what was covered in the criminal arena:

The court will remain closed except for essential or emergency services until at least May 22nd, 2020. For a full list of what matters are being addressed, look at the court orders on the San Diego Court website.

Biking or Cycling Under The Influence (BUI or CUI)

March 24, 2017 | The Law Offices of Susan L. Hartman

The time has changed and the weather feels a lot like summer is just around the corner! Excited for Sunday Funday’s, cold beers and margaritas, BBQ’s, parties and beach time? Know the law and plan ahead so your fun does not end with criminal charges.

If you head out to bike your way around town after consuming an alcoholic beverage, be aware that you can be arrested.

If your bike can be propelled, moved, or drawn upon a highway, such as a motor bike, you can be charged with driving under the influence of alcohol, drugs, or a combination of both. All the penalties of a standard drunk driving offense involving an automobile would apply. However, if your bike is self-propelled, you will not be subjected to the DUI statutes. Instead, you can be charged with BUI or CUI, biking or cycling under the influence, under California Vehicle Code Section 21200.5.

This code section specifically states: “…it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug. Continue reading ›

California Boating Under The Influence (BUI) Laws

March 20, 2017 | The Law Offices of Susan L. Hartman

As the weather warms up in San Diego, people enjoy the outdoors and get more active. Many flock to the bay, ocean, lakes and rivers to enjoy a day on the water, but be aware that law enforcement agencies are out in full force actively looking to cite people for boating under the influence, BUI’s.

In California, if you operate a motorized boat or any watercraft while under the influence, you can be arrested and charged with a crime. (Note: This code section only applies to motorized vessels, meaning that you cannot be charged under these code sections if your vessel is exclusively self or water propelled such as a kayak, rowboat, or a non-motorized sailboat. Also, there is a “zero tolerance” policy for anyone under the age of 21, meaning if you are underage, any measurable amount of alcohol can lead to BUI charges.)

The Harbors and Navigation Code provides the statutes for BUI. The language of the code is very close in the language in the California Vehicle Code for drunk driving, (see California Vehicle Code section 23152).

San Diego Kicks Off Summer With Drunk Driving Enforcement

May 31, 2011 | The Law Offices of Susan L. Hartman

The Imperial Beach Patch reported that the San Diego Sheriff’s Department, California Highway Patrol, and the San Diego Police Department increased their efforts to arrest those suspected of drunk driving this past Memorial Day weekend.
On Friday night there were DUI saturation patrols in Poway, Oceanside, Escondido and San Diego. Checkpoints were also set up in San Marcos and Imperial Beach. Four drivers at each checkpoint were arrested for suspicion of drunken driving.

Saturation patrols continued on Saturday and Sunday night in Santee, Lemon Grove, San Diego and Oceanside. Another DUI checkpoint was conducted in Lemon Grove on Sunday which resulted in just 2 drunk driving arrests, according to kusi.com.

According to signonsandiego.com and CHP statistics only, drunk driving arrests were down for the holiday weekend in California by 13 percent; however San Diego County’s numbers increased by 10 percent.

The nctimes.com reported that 14 San Diego County law enforcement agencies arrested 129 people on suspicion of drunken driving Friday and Saturday which was 16 less than during the same period last Memorial Day weekend.