The phrase “objection” is commonly heard in court, sometimes shouted with fervor in reaction to another attorney’s presentation of evidence or witness interrogation. You are required to be present at your criminal trial, even if you will not testify in your own defense. It’s critical to be aware of the criminal trial process in order to make informed judgments about your case.
Here’s what you need to know about objections and whether and what it means when they’re upheld or overruled.
Defining the Term “Objection”
When a lawyer disagrees with the evidence or questioning the other party brings to court, they have the right to object, provided that the grounds for their objection is within state or federal guidelines. The judge hearing the case will generally ask the opposing party to provide their reasoning for objecting and will then decide if they agree or disagree with the objection.
When a Judge Says the Attorney’s Objection Is “Sustained”
When a judge sustains an objection, it denotes that the judge has chosen to back the lawyer who filed the objection. This has an effect on your case, since such an action immediately halts any line of inquiry or evidence presentation that was in progress when the objection was raised.
This can greatly assist your case by keeping facts that could sway the jury against you out of the purview of the jury if they aren’t legally required to be disclosed.
When a Judge Says the Lawyer’s Objection Is “Overruled”
An objection that is overruled is the exact opposite of a sustained objection. An overruling lets you know that the judge overseeing the case disagrees with the lawyer who raised the objection. At this time, whatever line of inquiry or evidence presentation the other party was working on will be allowed to proceed.
Before making a final decision though, the attorney might request that the judge hear their legal reasons for objecting. Judges, on the other hand, will frequently uphold or overturn an objection without a detailed explanation if the evidence is plain enough for the judge to make an immediate decision.
Secure Aggressive Legal Advocacy After an Arrest by Reaching Out to a Sacramento Criminal Defense Lawyer Today
Don’t wait after being arrested and charged with a crime in California to get the help of an experienced Sacramento criminal defense attorney. You need strong, zealous advocacy of your constitutional rights when you are least likely to be taken seriously. Jennifer Mouzis can help.
Contact our office today for your consultation at (916) 822-8702.