What Happens After Your Criminal Appeal Is Granted?

Winning an appeal in a criminal case can feel like a significant victory, but it’s important to understand that it doesn’t necessarily mean the case is over. Once an appeal is granted, several potential outcomes can follow, each depending on the specific instructions given by the appellate court.

Here’s what you can expect after a successful appeal and how Chambers Law Firm can help you navigate the next steps. Contact us at 714-760-4088 for a free legal consultation.

The Role of the Appellate Court: What Happens Next?

When an appellate court grants an appeal, it usually identifies specific errors that occurred during the original trial. In most cases, the appellate court will send the case back to the trial court with instructions on how to correct those mistakes. This process is known as “remanding” the case.

The trial court must follow the appellate court’s instructions, which could involve reconsidering certain motions, excluding specific evidence, or even ordering a new trial. In rare instances, the appellate court may overrule the lower court’s decision entirely, leading to an immediate acquittal.

Overruling a Judgment: A Rare Outcome

While it’s possible for the appellate court to overrule the trial court’s judgment, this outcome is relatively uncommon. If the appellate court does overturn the conviction without sending the case back, the trial court’s decision is effectively erased, and the defendant is acquitted.

If you’re acquitted as a result of an appeal, you cannot be retried for the same offense under the Double Jeopardy Clause of the Fifth Amendment. However, this outcome is rare, as most appeals result in the case being sent back for further proceedings rather than outright dismissal.

Can You Get a New Trial?

One of the most common outcomes of a successful appeal is that the appellate court will instruct the trial court to hold a new trial. This usually happens when the original trial was found to have significant errors, such as improper handling of evidence or misapplication of the law, which could have impacted the verdict.

If the case goes back for a new trial, additional proceedings may be required, such as reconsidering pretrial motions or rearguing specific points. A new trial doesn’t necessarily guarantee a different outcome, but it does give the defense another opportunity to challenge the prosecution’s case—particularly if evidence is excluded due to the appellate court’s ruling.

What Does “Remanding” a Case Mean?

When an appellate court remands a case, it essentially sends the case back to the lower court with specific instructions on how to fix the identified errors. This could mean reviewing certain evidence, holding new hearings, or even conducting a full retrial.

The lower court must carefully follow the guidance from the appellate court, as failing to do so could lead to further appeals or even legal sanctions. A remanded case often means that the defense will have an opportunity to strengthen its arguments based on the appellate court’s findings, potentially improving the chances of a favorable outcome.

The Appeals Process in California

In California, the appeals process for criminal convictions begins when the defendant files a Notice of Appeal. Misdemeanor convictions are appealed to the Appellate Division of the Superior Court, while felony convictions are heard by the California Court of Appeals.

The deadlines for filing an appeal are strictly enforced. Defendants must file the Notice of Appeal within:

  • 30 days for misdemeanor convictions
  • 60 days for felony convictions

Once the Notice is filed, the appellate court will review the trial court’s records, including transcripts and evidence, before making a decision. Both sides submit written briefs outlining their arguments, followed by an oral argument session where they present their cases in person.

What Happens After the Appellate Court Issues Its Decision?

Once the appellate court has reviewed the case and heard the arguments, it will issue a written decision either granting or denying the appeal. If the appeal is granted, the case may be remanded for further proceedings or overruled, depending on the court’s findings.

If the appeal is denied, the defendant may have the option to take the case to a higher court, such as the state Supreme Court or, in rare cases, the U.S. Supreme Court. However, further appeals are often more difficult and may require specific legal grounds to proceed.

How Chambers Law Firm Can Assist You Post-Appeal

Whether your case is remanded for a new trial or dismissed entirely, having a skilled legal team from Chambers Law Firm is crucial to ensuring the best possible outcome. Our experienced attorneys will guide you through the complexities of post-appeal proceedings, working to protect your rights at every stage.

If you’ve recently won an appeal or are considering appealing your case, contact Chambers Law Firm today at 714-760-4088 for a consultation. We can help you understand the next steps and provide the legal support you need to secure a favorable result.

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