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

A reversal and a remand on appeal are two different outcomes of an appeal case. A reversal occurs when the appellate court determines that the lower court made an error resulting in a wrongful conviction or sentence. In a reversal, the appellate court typically either overturns the conviction and orders a new trial or reduces the sentence. A remand on appeal, on the other hand, is when an appellate court sends the case back to the lower court for reconsideration or further proceedings. A remand may be ordered because the appellate court believes that the lower court made an error, the lower court was given incorrect instructions by the appellate court, or the lower court failed to consider evidence or other factors necessary for a decision. The outcome for the defendant in a remand can vary depending on the circumstances. In Virginia, there are specific rules that guide the appellate process and set out when an appellate court can reverse or remand a case. Generally, an appellate court is only permitted to reverse a conviction if the lower court made a mistake that affects the outcome of the case. Moreover, an appellate court may also order a remand if the lower court failed to consider a crucial piece of evidence or failed to give clear instructions to the jury.

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