When a decision is reached in your appeal, you might not know what the next step to take is. Here is some information on what you should do if you lose your appeal. Also consider what you should do if you win it.
What If I Lose My Appeal?
If you lose your appeal case, the conviction and sentence originally decided by the judge in your case will stand. Then you will have to carry out the punishments associated with the offense you are charged with. However, you may choose to appeal your case to a higher court. If you have just gone through your first appeal process, you can still appeal to Connecticut’s Supreme Court. You will have to start the process over again, but most of the work that you have to do to establish your argument will already be done.
You should just work on strengthening your argument and making it clearer. If, during your first appeal, you did make an oral argument, you should consider making one in your appeal to the Connecticut Supreme Court. This might strengthen your case. Additionally, if you did not have the help of an appellate attorney during your first appeal, you should consider hiring one to assist you with your appeal to the Connecticut Supreme Court.
If your second appeal is also denied, you can still make an appeal to the United States Supreme Court. While getting the US Supreme Court to overrule an appeal denial that has already been made can be difficult, it is certainly possible and worth a try if you truly believe that your conviction was unjust. If the United States Supreme Court also denies your appeal, there are no other courts to appeal to. The original conviction and punishment will stand, and you must carry them out.
What If I Win My Appeal?
Winning an appeal does not necessarily mean that your case is acquitted. In most cases, winning your appeal means that your case is remanded. In other words, you case is sent back to a trial court and you may be given one of a few options:
- You get the opportunity to negotiate a plea bargain.
- You get a new trial.
- In some cases, you can be released from jail.
- You get a new sentence hearing.
You might still face consequences for the crime that you are accused of. However, you will have a fair trial and in many cases, your sentence will be reduced. Your charges might even be dismissed, depending on your situation.
Winning an appeal can be difficult, but it is the first step in being treated fairly by the court system when it comes to your case and trial. If you would like some guidance when it comes to deciding what to do after your appeal is over, talk to a lawyer about your situation.