What happens if an appeal is granted?

If an appeal is granted in a criminal case in Virginia, the case is referred back to the trial court for further proceedings. This can mean a re-trial of the case, or the trial court may decide to modify or reverse the original verdict. Depending on the circumstances, the defendant may be allowed to remain free on defendant will appear in court when required.">bail while the appeal is being considered. If the appellate court finds that certain errors occurred during the trial, they will direct the lower court to take corrective action. This might mean that certain evidence that was not allowed during the initial trial is permitted, or that the defendant is given a new trial. In some cases, the appellate court may even decide to overturn the conviction and dismiss the charges. On the other hand, if the court finds that the defendant’s conviction is correct and his rights were not violated during the trial, the appeal will be denied and the conviction will stand. In this situation, the appellate court may order the defendant to serve the sentence from the original trial. Ultimately, if an appeal is granted, it means the defendant has another opportunity to challenge the conviction and potentially have their case dismissed or overturned.

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What happens if an appeal is granted?

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