If you have been granted an appeal in your case, there is likely cause to celebrate. There are a few things that can happen upon appeal and what that means for you. In most cases, the appellate court will remand the case back to the lower courts with specific instructions as to how to amend the errors made in the original case. If these errors were a direct cause for the wrong verdict, the appellate court could order a new trial. In some cases, the appellate court can overrule the case entirely and dismiss the original case.
We have a team of trusted attorneys that are prepared to assist you in your appeals process from start to finish. You can lean on our experience in helping people just like you through the necessary steps and what to expect at each turn. Contact us at (315) 500-6425 for a free strategy session and to learn more about how we can help.
What if a New Trial Is Issued?
In most cases, as mentioned above, the appellate court will issue a new trial with specific instructions to the lower courts on what needs to be addressed to revisit the case. There can be specific steps outlined before going to trial as well, with the idea in mind that the new trial will address what was missed or handled in error during the original trial. This does not guarantee that the verdict in the retrial will be not guilty. In most cases, however, it can mean that the outcome or charges can be less than the original trial.
What if the Appellate Court Overrules the Original Judgement?
In some cases, the courts will overrule the original judgment and dismiss the case. In this situation, the appellate court’s decision takes the place of the original ruling and dismisses the original case. These outcomes are rare, but if they do occur, it means that the party is not guilty, and the charges are dismissed entirely.
Why Do I Need a Lawyer?
Appeals can take a considerable amount of time, and each step needs to be followed with specific accuracy to ensure the appeal is handled properly and in a timely fashion. This intricate process can prove to be challenging without years of experience in dealing with appeals and the necessary knowledge to navigate them.
At our law firm, we have years of combined experience dealing with appeals cases, and you can count on us to help guide you through the process. Contact us today at (315) 500-6425 to get started.