If you have ever watched a courtroom drama – and who among us has not – you have heard the emphatic term objection bandied about quite a bit. You know that the appropriate response is either an emphatic sustained or overruled, but that might be the extent of your knowledge. If that is the case, you have come to the right place, and if you are facing a criminal charge, you need a dedicated Harker Heights criminal defense lawyer on your side.
Properly Preserving the Information
When an attorney objects in court, he or she is marking the moment, which he or she presumably has some legal objection regarding. The idea here is that if the attorney needs to take the case before a higher court (an appellate court), he or she will need the backing of documentation that shows an identifiable reason for appellate review. Often, his or her objections during the trial ultimately fill this role – but they must be backed up by something cognizable (something that is recognizable and easy to understand). In other words, it is complicated, but those objections that you hear and that do not seem to make much difference half the time may be important, nonetheless.
Following through with the Objection
It is all well and good for an attorney to stand up and vehemently announce that he or she has an objection, but it is not likely to amount to much if it isn’t followed up with the requisite grounds – or the attorney’s specific reason for objecting in the first place.
Some documentation that may relate to objections and be reviewed on appeal can include:
A post-hearing memorandum
A motion
An argument on the record (regarding the legal error in question)
A written notice of an objection
The correct path forward depends upon the situation and circumstances at hand, but if the proper procedures are not followed, the attorney’s original objection (and attendant reasoning) will no longer be admissible as a basis for appeal – and the attorney’s opportunity to reexamine the matter is forever lost. In other words, there are some very important reasons for those objections you hear flying around.
The Suppression of Evidence
Sometimes, evidence that is factual in nature is collected in a manner that infringes on a defendant’s constitutional rights. Such as if he or she was coaxed into revealing telling information without being read his or her Miranda rights. Such evidence can be very harmful to the defendant’s case, but if the attorney’s attendant objection is not properly preserved, there may not be any going back.
Discuss Your Concerns with an Experienced Harker Heights Criminal Defense Lawyer Today
If you have been charged with a crime, the potential consequences are too considerable to take a wait-and-see attitude. Brett Pritchard at The Law Office of Brett H. Pritchard in Harker Heights, Texas, is a formidable criminal defense lawyer who is standing by to help. To learn more, please do not wait to contact us online or call us at 254-501-4040 today.
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