An objection is when a lawyer speaks up in court to say someone isn’t following the court’s rules. It’s essentially a way to say that a question, statement, or piece of evidence might not be fair or shouldn’t be allowed in court. Both sides in a trial, the defense or prosecution, can make objections.
When an objection is made, the judge rules on it and either overrules it or sustains it. If the judge overrules it, the proceedings can continue as they’re going. If the objection is sustained, the judge is saying that something improper was done and that it must be corrected.
Hearsay
Hearsay is when someone tells the court what another person said outside the courtroom to prove it’s true (“she told me…”). This sort of testimony is usually excluded because it’s secondhand, making it hard to confirm its truth. There are exceptions to this rule, but objections come up often in these situations.
Relevance
Evidence or questions must relate to the points being argued in the case; if an attorney tries to sneak in details that aren’t related to what’s at issue, the other side can object. This is how the law helps keep trials on-topic and prevents one party from introducing details meant to distract or prejudice the jury against the other side.
Leading Questions
Lawyers can’t suggest their desired answer when questioning their own witnesses (“You saw the suspect at the scene, right?”) in direct examination. Making this type of leading question is only generally allowed in cross-examination. This rule ensures that the jury hears more authentic, spontaneous stories rather than answers manufactured by the questioning.
Speculation
A witness shouldn’t guess about facts. They are only allowed to testify to what they actually know. If a witness starts talking about what they think might have happened or what someone else is thinking, an attorney can object for speculation.
Improper Opinion
If you’re not an expert on a subject involved, courts limit what sorts of opinions you can offer. A witness who’s not a doctor, for example, shouldn’t offer a medical opinion. This should only come from professionals with specialized training who have been certified by the court as expert witnesses.
Lack of Foundation
A lawyer must show facts about any new piece of evidence before using it. Failing to set this “foundation” opens the door for the other side to object, as juries shouldn’t just see arbitrary materials without a logical connection to the case.
Prejudicial vs. Probative Evidence
Sometimes a piece of evidence does more to provoke anger, shock, or bias in the jury than to actually clarify a fact important to the verdict. The argument is that its “prejudicial effect” outweighs any legitimate use. When statements or evidence could sway a jury’s feelings more than their reason, objections are made.
Objections in these moments allow skilled criminal defense lawyers to fight for a fair trial and ensure that evidence and statements that are impermissible aren’t introduced and considered.
Objections and Preserving Issues for Appeal
Objections play a crucial role not just during trial, but also in protecting your right to challenge the result later through an appeal. If an attorney doesn’t object to evidence, questions, or testimony when it’s introduced, even if it breaks the rules, the issue is usually considered “waived” and cannot be raised in the appeals court later.
Making timely and specific objections ensures that the judge’s decisions on contested points are written into the record, giving the defendant’s legal team something solid to point to if they need to file an appeal and argue that a mistake affected the outcome of the case.
What Happens When an Objection Is Sustained?
When a judge sustains an objection, it means the objection was accepted as valid, and the challenged question, evidence, or line of argument can’t be considered as part of the trial. If the objection happens while a lawyer is questioning a witness, the lawyer usually has to rephrase the question or move on, as the original question is off-limits.
When it comes to evidence, sustaining the objection might mean that a photo, record, or object won’t be shown to the jury at all. If a witness replies before the judge rules, the judge might tell the jury to disregard or “strike” what was just said or shown.
Contact Cofer Luster Criminal Defense Lawyers for a Consultation With a Fort Worth Criminal Defense Lawyer
Understanding objections and knowing how to handle them effectively is essential to protecting someone’s rights in court. If you have concerns about what happened at your trial or you have any other questions or concerns about your criminal case, reach out to Cofer Luster Criminal Defense Lawyers at (682) 777-3336 today to schedule a consultation with our Fort Worth criminal defense attorneys.
