to technicalities hold up in court?

Answer 1

Do technicalities hold up in court?

Yes. The rule of law is made up of many "technicalities" that all add up to create a system of jurisprudence. But there's a catch or two in using technicalities to your advantage:
1) You or your lawyer must assert the "technicality" after the action has commenced and usually before a final judgment on the issues, and
2) You or your lawyer must make a formal objection or motion claiming the substantial prejudice or violations of your constitutional rights, and
3) You or your lawyer must pursue the issues at trial until you get a final ruling on those issues from the judge.

Also, technicalities will often not affect the outcome of a case until an appeal has been made on the appealable issues-- including those technicalities-- where a failure to raise the issues during the trial will usually waive the issue on appeal and where sometimes a failure to exhaust your remedies before the trial judge-- including getting a final ruling on the matter-- may also count as waiving the issue on appeal.

And sometimes the answer to your question is "No."

The courts must find that the technicality is substantial enough to have caused you unfair prejudice as a matter of law. Juries don't get to decide that stuff. Not being read your Miranda rights, for example, might not be an issue of substantial prejudice or a violation of your civil rights if the police don't solicit any statements from you. And an attorney's failure to include certain phraseology in pleadings can always be corrected, at least once, by amendment of those pleadings.

This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.

Answer 2

They can, depending on the technicality. Judges have discretion to use numerous legal remedies if the law is not followed properly or if a defendant's rights are violated. For example, if a murder weapon is obtained as the result of an illegal search, the judge can rule that the defendant may still be tried but the weapon may not be admitted as evidence. Only in very rare cases will a judge throw a case out completely, and the judge must find "substantial prejudice" that makes it virtually impossible for a defendant to receive a fair trial.

Answer 3

There are many technicalities that hold up in court, including taking to long to bring you to trial!

Answer 4

yes depends on the situation.

Answer 5

Sigh, I suppose you mean "do" and the answer is yes.