What Happens If You Win An Appeal?
After a person is convicted and sentenced because of a crime, it can be challenging to appeal the verdict or sentence. However, if valid grounds for appealing exist, and with the help of a qualified appellate defense attorney, it is possible to appeal a decision or sentence and emerge victorious. If you have been convicted and sentenced for a criminal offense, and believe you have valid grounds for appealing, consult with a qualified defense attorney.
Let’s say you have valid grounds for appealing, and the appellate court agrees that a legal error occurred at the trial court level. What happens next? The type of remedy the appellate court will issue may depend on, among other things, the grounds on which you filed your appeal. That said, there are generally three possible remedies if you win an appeal. If you file a criminal appeal and win;
- your case will be remanded back to the trial court that convicted and sentenced you with guidelines on how to rectify the error, or
- your case will be sent back to the trial court for another trial, or
- the trial court’s decision will be overruled.
Below is more on these three possible remedies.
Remanding the Case
In most cases, the appellate court remands/sends the case back to the trial court after you win an appeal. For instance, if the trial court that sentenced you passed an illegal sentence, high chances are, your case will be remanded back to the trial court. If your case is remanded back to the trial court, the court will be given guidelines on how to rectify the error(s) previously made. The trial court will then have to reconsider your case in view of the higher court’s ruling and the instructions provided. If the trial court finds it necessary, it may order a retrial.
Ordering a New Trial
If you win your appeal, the appellate court may send back your case to the trial court that convicted and sentenced you with instructions to hold a new trial. For example, if you filed an appeal on the ground that you had ineffective assistance of counsel, the appellate court may send back your case to the trial court with instructions to hold a new trial, and in that trial, you’ll be represented by a different attorney.
It is important to keep in mind that after the appellate court grants you a new trial, you risk being convicted and sentenced again. However, the chances of winning at a new trial are usually better, especially with the help of a qualified and dedicated criminal defense attorney.
Overruling the Judgment
Finally, after you win an appeal, the appellate court may overrule the trial court’s judgment, although this rarely happens. If the appellate court overrules the trial court’s decision, your charges may be dropped, and you may be released from custody. If your charges are dismissed, you cannot be retried for the same offense because of the protection of the Double Jeopardy Clause. This Clause makes it illegal for a person to be put on trial twice for the same crime.
Contact an NYC Criminal Defense Attorney
If you need help with a criminal case or filing an appeal after a conviction and sentencing, contact our skilled and dedicated NYC criminal defense attorney, Mark I. Cohen, Esq., at 212-732-0002.
Source:
law.cornell.edu/wex/double_jeopardy#:~:text=The%20Double%20Jeopardy%20Clause%20in%20the%C2%A0Fifth%20Amendment%20to%20the%20US%20Constitution%C2%A0prohibits%20anyone%20from%20being%20prosecuted%20twice%20for%20substantially%20the%20same%20crime
