What happens if an appeal is granted?

If an appeal is granted in criminal cases in California, the defendant will have their conviction or sentence overturned. This means that the case will be sent back to the lower court to be reevaluated and/or retried. The judge assigned to reevaluate the case will review the original trial transcript, in addition to any new evidence that might be presented. Once the judge has reviewed all the material, the judge may decide to confirm the original outcome, or the judge may order a new trial or sentence. If the judge decides to order a new trial, the defendant will receive new counsel and will have the opportunity to present new evidence, witnesses and testimony. During the trial the prosecution and defense will be given the opportunity to make their case, and the judge and/or jury will decide whether to uphold the original guilty verdict or acquit the defendant. In some cases, the judge may order a new sentencing as opposed to a new trial. This could result in a reduced sentence or an alternative sentence depending on the circumstances of the case. No matter what the outcome of the appeal is, the defendant always has the right to challenge the new verdict. If the verdict is again found to be against the defendant, then the defendant can yet again appeal the decision. This can continue until all legal remedies have been exhausted.

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What happens if an appeal is granted?

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