Legal Question in Criminal Law in California

I Object!

What are the different types of objections a lawyer can use and what do they mean?


Asked on 12/07/01, 12:21 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: I Object!

The use of objections comes into legal proceedings in several ways. Assuming that you are referring to criminal litigation I'll summarize the possibly opportunities to object:

1. Entering a plea - there are as I recall seven different pleas that can be entered for the criminal defendant;

2. Trial judge - each defendant and each prosecutor can object to the judge that is assigned to hear the matter; (This is without any burden to show any reason why the judge may be unsuitable to hear the matter. Simply the attorney or client doesn't like the judge.)

2. Pre trial motions - There are usually two motions that are used during a criminal prosecution by the defense. (There's the 1538.5 motion to have evidence that is tainted by some governmental impropriety excluded, and 995 motion attacking the Preliminary Hearing.)

3. Trial objections - These range from excluding certain jurors, to limiting the testimony of certain witnesses, to objecting to certain jury instructions, introducing jury instructions that are more favorable to the defendant, evidentiary objections during a witness' testimony or introduction of physical evidence, a motion for a mistrial during and after the trial and for a non-suit at the close of the prosecutor's case, polling the jury on a jury verdict, and anything else that a smart attorney can think up and try to sell to the judge during the entire proceedings.

Lots of luck in understanding the process.

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Answered on 12/07/01, 5:02 pm


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