Appealing your case is something you may want to do if you don’t think that the right results were obtained through the trial process. An appeal doesn’t let you introduce new information, but if there was a material error during the trial, then it may be worth appealing your case.
An appeal is also not a retrial of your case. You won’t get a new jury, and you won’t have to go through the court process all over again. Instead, a new judge (or several judges) in an appellate court will review the case.
What happens if a judgment is reversed during an appeal?
If a judgment is reversed during an appeal, then a few things can happen. Some things that may occur include:
- Holding a new trial
- Having the trial court reconsider the facts of the case, to include additional evidence or to reconsider the case based on more recent decisions by the appellate court
- Ordering the original trial court’s judgment to be corrected or modified
In some cases, an appeal may result in an overturning of a criminal case. Generally speaking, the prosecution isn’t able to have a person retried for the same criminal act. This is because of “double jeopardy,” which is a rule that disallows individuals from facing charges for the same crime over and over again.
If you’re facing court or have been through a trial and have a conviction as a result, an appeal could be right for you. It’s not used in every case, but your attorney can talk to you more about if an appeal would be a good idea in your situation.