What is a stanton motion?

Asked by: Dr. Dorothea Rau  |  Last update: July 20, 2026
Score: 4.2/5 (41 votes)

A Stanton motion is a common-law or non-statutory request in California criminal defense that asks a judge to consider new evidence or address procedural violations that occur after a preliminary hearing. It is frequently used to challenge a judge's decision to hold a defendant for trial.

Can someone be convicted in absentia?

Court Procedures for In Absentia Cases

In civil law, in absentia trials may proceed if the defendant was properly notified and fails to appear. However, in criminal cases, trials in absentia are generally not allowed unless the defendant intentionally avoids court or flees prosecution.

What not to tell the attorney?

Do not lie, hide facts, or demand your lawyer act unethically. Crucially, avoid saying "I did it, but...", "I don't want to pay a retainer," or "You only have to...". Never admit fault, discuss cases on social media, or treat lawyers disrespectfully, as this compromises your case.

What is a stanton motion in California?

A "Stanton motion" in California criminal law is a non-statutory, common-law motion to dismiss charges. It allows a defense attorney to ask a judge to review evidence, constitutional violations, or errors that occurred during the preliminary hearing but are not visible within the "four corners" of the hearing's transcript.

What is the hardest case to win in court?

Treason is generally considered the hardest criminal charge to prove, while medical malpractice is widely viewed as the most difficult type of civil case to win. Both face unique legal or evidential hurdles that set them apart from standard litigation.

Stanton 101 | Intro to Physics I Honors

28 related questions found

What is the silliest felony?

Funniest felonies are real, highly serious crimes made absurd by the sheer stupidity, bizarre motives, or comically ironic blunders of the perpetrators. These notorious cases are prime examples of criminals defeating themselves with their own logic.

What does "oye oye oye" mean in court?

"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.

How likely is a judge to grant a continuance?

Judges generally do not grant continuances freely unless proceeding to trial would violate the defendant's rights. They have discretion to deny a continuance unless the law in their state requires a continuance to be granted in a certain situation.

What might Stanton's purpose be?

Stanton's goal for woman suffrage was defined by her belief that men could not adequately represent women and women's issues. Stanton believed that women deserved the right to retain their own wages and property when married and the right to divorce abusive and destructive husbands.

Does 17b restore gun rights?

PC 17(b) allows a California Superior Court judge to reduce a wobbler felony to a misdemeanor. Once reduced, the conviction may no longer qualify as a felony-based disqualifier under California firearms law, which can open a legal path to restoring firearm rights under state law.

What should you never say to a judge?

“I'm going to appeal!” This can be interpreted as a threat, which is audaciously unwise, and very unlikely to make the judge change his or her order. Moreover, if the case requires the judge to exercise his or her discretion to determine the credibility of one party versus another, such a ruling is not appealable.

What does rule 43 mean?

"Rule 43" generally refers to procedures regarding the taking of testimony in civil trials or interim relief in family law. Under Federal Rules of Civil Procedure, it requires in-person testimony, though it allows video testimony for good cause. In South African law, it refers to interim relief for maintenance and custody during divorce.

What is the most popular reason that cases get dismissed?

Why do prosecutors drop charges?

  • Insufficient evidence. A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isn't strong enough. ...
  • Fourth Amendment violations. ...
  • Procedural issues. ...
  • Lack of resources. ...
  • Willingness to cooperate.

What truths does Stanton say are self-evident?

We hold these truths to be self-evident; that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent ...

What did Stanton do?

Edwin M. Stanton (1814–1869) was a pivotal U.S. Secretary of War under Abraham Lincoln, managing Union military resources to victory in the Civil War, leading the hunt for John Wilkes Booth, and leading radical Reconstruction efforts. He was known for organizing the army, implementing, and enforcing martial law.

How did Stanton influence women's rights?

Trailblazer for Women's Rights

Elizabeth Cady Stanton co-founded the first Women's Rights Convention in Seneca Falls and authored the groundbreaking Declaration of Sentiments, boldly demanding equal rights—including the right to vote—for women in 1848.

What color do judges like to see in court?

Judges appreciate seeing conservative, neutral colors in the courtroom, with navy blue and dark gray (charcoal) being the absolute best choices. These muted, somber tones project respect, seriousness, and professionalism, which helps ensure the judge focuses entirely on the facts of your case.

What is the hardest case to prove in court?

Top 5 Hardest Criminal Charges to Beat

  • First-degree Murder.
  • Sexual Assault.
  • Drug Trafficking.
  • White-collar Fraud.
  • Repeat DUI Offenses.
  • DNA Evidence.
  • Digital Forensics.
  • Ballistics and Weapon Analysis.

How to impress a judge?

To impress a judge, arrive early, dress professionally in conservative attire, and remain respectful and composed at all times, including with court staff. Prepare thoroughly by knowing your case facts, adhering to court rules, using "Your Honor," and answering questions directly without arguing.

Who is the greatest judge of all time?

In the United States, John Marshall is universally regarded as the greatest judge in American history. As the longest-serving Chief Justice, he authored Marbury v. Madison (1803), which established the doctrine of judicial review and solidified the Supreme Court as a co-equal branch of government.

What does Oye mean from a girl?

It's an informal and friendly way to get someone's attention or to ask them to listen. In English, it translates roughly to 'Hey' or 'Listen!'. It's a common word used in casual conversations to grab attention. While 'oye' is informal, it's widely used in everyday situations.

What phrases do they say in court?

Court sayings encompass everything from formal courtroom protocols to famous philosophical quotes about justice. The most common sayings are divided below by how they are used.

What's the most broken law in the US?

The most broken law in America by volume is speeding. Surveys and traffic data consistently show that the vast majority of drivers violate posted speed limits daily.

What is the rule 43 in jail?

Rule 43 of the Federal Rules of Criminal Procedure deals with the presence of the defendant during the proceedings against him. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun.

Can felons get a passport?

A passport is a federal ID, and some convictions or unresolved legal issues can affect approval. Many felons can still qualify if they've completed their sentence, probation, or parole, have no active warrants, and have resolved fines or child-support obligations.