We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Happens When a Legal Decision is Overturned?

Leigia Rosales
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The legal process by which decisions of a lower court are reviewed is known as the appellate process. Appellate procedures will vary greatly from one jurisdiction to the next. In the United States, when a legal decision is overturned through the appellate process, the court may reverse the lower court decision entirely or in part, or may reverse and remand the case back to the power court for further proceedings.

The United States court system is divided into the state court systems and the federal court system. Within each distinct system, there are lower trial courts, appellate courts, and a supreme court. Both civil and criminal cases may be eligible for appeal from a trial court to the appellate court. Criminal defendants have an automatic right to an appeal upon conviction in a trial court. Criminal cases may appealed to either the state appellate court or the federal courts, or both in some cases.

When a case is appealed, the appellate or higher court will review the record of the case and the briefs in support of the parties' positions. In most cases, the court will only review the case for substantial errors made by the lower court giving deference to the lower court's findings of fact. In some select situations, the lower court case will be reviewed de novo, or without giving deference to the lower court on findings of fact.

When a case is overturned by an appellate or supreme court, the court has two basic options. It may decide that the error was so egregious that it cannot be remedied by sending the case back to the lower court. In that case, the higher court will reverse the decision of the lower court signifying the end of the case, unless a higher court may be appealed to after the decision is overturned. The court may also remand the case back to the lower court for further proceedings. In many cases, this means a new trial.

When a criminal conviction or sentence is overturned in a higher court, if the court reverses the lower court ruling entirely, then the defendant is free and cannot be recharged or retried. The conviction must be erased from his official criminal record. If the case is remanded back to the lower court, then the prosecutor has the option to retry the case or dismiss the charges. If the prosecutor decides to retry the case, then the defendant must defend the charges all over again. When a sentence is overturned, the higher court may simply adjust the defendant's sentence, or they may send that case back to the lower court for another sentencing hearing.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales , Former Writer
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.

Discussion Comments

By anon1006145 — On Feb 03, 2022

My daughter was charged with rape, found guilty by the judge and given a sentence of 10 years to life. It was overturned by the Ohio Supreme Court and sent back for a lesser charge of GSI. I thought that was double jeopardy, but apparently not.

We filed a motion that the crime did not meet the requirements for rape in the trial court, but the judge overruled us and said it did. The Ohio Supreme Court said it did not. I'm not sure what to do at this point. She is going to be re-sentenced now for a GSI. Can she sue the state for wrongful prosecution?

By anon341096 — On Jul 08, 2013

After a conviction has been overturned, how long before the person will be released, or a decision by the District Attorney to decide if they will retry the case?

Leigia Rosales

Leigia Rosales

Former Writer

Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.