When a criminal defendant launches an appeal on a verdict, hearing that the conviction has been overturned or “reversed” can bring a huge sense of relief. In essence, that means that the appellate court has set aside the conviction because it found a serious problem with the original case.
However, an overturned conviction doesn’t necessarily mean the case is finished or that the defendant walks free. What happens next depends on why the conviction was reversed and what the appellate court instructed.
What happens after a reversal?
Convictions may be reversed for all kinds of reasons, including the ineffective assistance of counsel, Brady violations involving exculpatory evidence that was withheld, incorrect jury instructions and juror or prosecutorial misconduct, among others.
In rare cases, the appellate court may find that the prosecution did not have the legally requisite evidence to prove the defendant’s guilt and the case will be thrown out. In those situations, double jeopardy may attach, and the case cannot be retried for the same offense.
In other cases, the higher court may send the case back (or “remand”) to the trial court because the original trial was found to be defective for some reason. In that situation, the prosecution must decide if they will retry the case. While they often do, there are times where the charges may be dropped due to weakened evidence, missing or forgetful witnesses or because the defendant has already served a sufficient portion of the likely sentence.
Obtaining a reversal via an appeal is only the first step of the post-conviction relief process, but it is a critical one. Speaking with an experienced attorney can help you evaluate your options and find the best approach.