What’s the next step in a criminal case once the appellate court has overturned an indictment and a conviction

UPDATED: Sep 30, 2022

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What’s the next step in a criminal case once the appellate court has overturned an indictment and a conviction

A friend of mine recently had his conviction and
indictment overturned by the appellate court
due to a reservable error/ structural error in his
case? He has served 8 yrs of an 18 yr
sentence? My question is what are the
changes of the case being dismissed or
acquitted? The appellate judges left it up to the
prosecutor and DA to decide if the case should
be retried.

Asked on August 29, 2016 under Criminal Law, Maryland


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If a case is overturned on appeal, then the case reverts back to the status prior to trial or final conviction.  This means that the case picks up as if the conviction did not happen.  The prosecutor must make a decision on whether to retry the case, dismiss the charges, or offer a new plea bargain.  Your friend's attorney should be in contact with the prosecutor to get a pulse of what the prosecution is planning.  This will give your friend a better idea of what he needs to gear up for.  If the prosecutor simply won't make up their mind, then your friend's attorney should file a pre-trial motion to force the case to trial.  This will put the prosecutor in a position of where they literally have to 'fish or cut bait.'

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