But What do I Win? Remedies on Appeal in Criminal Cases
In the majority of criminal cases, a successful appeal or post-conviction motion is not the end of a criminal case. In fact, most post-conviction motions and appeals request specific relief that prolongs the case further, such as a new trial, a new sentencing hearing, or the withdrawal of a plea and the opportunity to go to trial. Following is a discussion of some potential outcomes of a successful post-conviction motion or appeal.
If the reviewing court orders a new trial, the defendant is put in the same position he was in prior to the start of the original trial. The State may attempt to negotiate a plea bargain to avoid a second trial, however it is not required to do so. When requesting a new trial, it is important for the defendant to consider that vacated charges will be reinstated. Further, there is a possibility that he will receive the same convictions – or more – and/or a harsher sentence (assuming he did not receive a maximum sentence on all charged counts in the initial trial).
If the reviewing court affirms a conviction but finds issue with the sentence, it may vacate the sentence and order re-sentencing. This can happen in a variety of situations, such as where the reviewing court determines that a sentence is unreasonable, the sentencing court considered incorrect information, or where the sentence falls outside of statutory sentencing guidelines. An order for re-sentencing puts the defendant back in the position he was in immediately following the criminal conviction, so the defendant can receive any sentence authorized by law.
Vacating the Plea
Where a defendant is successful in arguing that he should be permitted to withdraw his plea, the reviewing court can order that the plea be vacated. This puts the defendant in the same position he was in prior to accepting the plea. As with an order for a new trial, the State may attempt to negotiate a plea bargain, but is not required to do so. If a new plea bargain is not reached, the case will proceed to trial. As with a new trial or re-sentencing, the defendant can receive any sentence which was authorized by law at the point before the plea was entered.
While these are common remedies after a successful post-conviction motion or appeal, they are not the only remedies available. To speak with a knowledgeable attorney about your post-conviction options, contact the Alderman Law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).