When things don’t go your way in court, you may naturally want to appeal – but it’s important to understand that appeals are not the same thing as a new trial.
Instead of focusing on the evidence in a case and the defendant’s guilt or innocence, the appellate process focuses on whether there were issues in the trial that resulted in a misapplication of the law or a violation of the defendant’s rights.
Similarly, the verdict from an appeal can be a little different than what you’d expect at trial.
What does it mean if a verdict is affirmed?
When the appellate court affirms the lower court’s ruling, it means that the court found no errors in the trial or sentencing process significant enough to overturn the verdict or take any other judicial action. Your next option is to appeal to an even higher court, if possible.
What does it mean if a verdict is reversed?
This is not a declaration of innocence, but a judgment by the appellate court that the trial proceedings included significant errors which most likely affected its outcome. Your conviction is nullified, but you may or may not face retrial. If the appellate court rules there was insufficient evidence for a conviction, your ordeal is over – that verdict is treated like an acquittal at trial. If the reversal is based on something else, the prosecutor may be able to refile their case.
What does it mean if a case is remanded?
Essentially, this means that the appellate court found some kind of procedural or substantive errors in the original trial, and has ordered the case retried. Unless the prosecutor no longer thinks they can win the case, you will most likely get a new trial – with all that entails.
There are other possible outcomes of a criminal appeal, too, depending on the basis for your appeal. For example, a case may be affirmed in part and reversed in part, or the court may affirm the conviction but modify your sentence. Because appeals are complicated, seeking experienced legal guidance is wise.