What is the difference between a reversal and a remand on appeal?
The difference between a reversal and a remand on appeal is that a reversal, or a “reversal of conviction”, reverses a lower court’s decision on the case and the defendant will be found innocent of the charges. If the court decides to reverse the conviction, the charges will be dismissed, and the defendant will go free. A remand on appeal, or a “remand for further proceedings”, is a decision where the lower court’s decision on the case is sent back to the lower court for further proceedings. If a remand is issued, the appeal court will not decide on the case, but instead the lower court will need to review and reconsider the case based on the appeal court’s opinion. In New York, a remand on appeal means that the lower court will have to determine if the conviction should be reversed or if there is sufficient evidence to uphold the conviction. If the lower court rules that the conviction should be reversed, then the defendant will be found innocent of the charges.
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