If you won a criminal appeal through the federal courts what happens next? 13 Answers as of February 10, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Henry Lebensbaum | Henry Lebensbaum
It depends on the order.
Answer Applies to: Massachusetts
Replied: 2/10/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It depends on the holding and order generated by the successful appeal.
Answer Applies to: Michigan
Replied: 2/8/2013
Hamblin Law Office | Sally Hamblin
It all depends on the nature of the appeal. If conviction overturned, you go free, if error in sentencing, then resentenced, to name a few.
Answer Applies to: Michigan
Replied: 2/7/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The case returns to trial level and the trial court follows the directions of the appellate court. What does the opinion say?
Answer Applies to: Georgia
Replied: 2/7/2013
William L. Welch, III Attorney | William L. Welch, III
The cases remanded to what ever court it came from, so that it can pick up where it left off before the error was made. In the case of a charge, the prosecution might decide to the right to try the case again.
Answer Applies to: Maryland
Replied: 2/7/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The order of the appellate court takes precedence over any prior ruling by the trial court. If they overruled the conviction, the case is dismissed. If they remanded it to the trial court for a retrial or resentencing, then the case will be brought back to the trial court for trial or resentencing.
    Answer Applies to: Illinois
    Replied: 2/7/2013
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You probably get a retrial.
    Answer Applies to: Rhode Island
    Replied: 2/7/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Depends on how the appellate court ruled. If they remanded (sent) the case back to a lower court there may be more proceedings.
    Answer Applies to: Virginia
    Replied: 2/7/2013
    Law office of Robert D. Scott | Robert Scott
    Either the government can re-try you or dismiss the case depnding on the ruling in the appeal.
    Answer Applies to: Maryland
    Replied: 2/7/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Likely, you get a new trial with the correct law. It depends on what was appealed and what the ruling was.
    Answer Applies to: Colorado
    Replied: 2/7/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    It depends what you were seeking as part of your appeal as there are many issues that can be appealed. If you appealed your conviction, the federal court could have overturned the conviction itself or a part of the trial, at which point it's possible a new trial could be ordered. If you appealed a motion to vacate your plea, and had your appeal was granted, then only your plea would be vacated, in which case your criminal case is reopened and you are back at the stage in your criminal case where you were still negotiating a plea bargain.
    Answer Applies to: New York
    Replied: 2/7/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney