What is the difference between a reversal and a remand on appeal?

A reversal and a remand on appeal are two different outcomes after a defendant has lost a criminal case in a lower court (the trial court). A reversal is when the appellate court finds that the lower court made a mistake in the proceedings and the defendant should not be found guilty. In this case, the appellate court would overturn the lower court’s verdict and the defendant would be acquitted. A remand is when the appellate court finds that the lower court made a mistake in the proceedings but that it was not necessarily a mistake in favor of the defendant. A remand is when the appellate court sends the case back to the lower court to be reheard. This means that the lower court will have to reconsider how it handled the case and possibly make a different decision. In California, appellate court judges may reverse, remand or affirm the lower court’s decision. If the appellate court affirms the lower court’s decision, the defendant is held legally responsible for the charges and must serve the sentence.

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