Process after winning Appeal?

[KDR3767]

What is the name of your state? CALIFORNIA

After a person gets their conviction overturned on appeal, what happens next? Do they get a new trial? Will the charges be the same? What about Double Jeopardy? If they get a new trial is the jury told about the 1st trial?
Any info would be greatly appreciated! Thanks!What is the name of your state?

 

[Ohiogal]

What is the name of your state? CALIFORNIA

After a person gets their conviction overturned on appeal, what happens next?

Could be a couple of things.

Do they get a new trial?

The prosecutor can decide, depending on a variety of factors, to go through another trial or not.

Will the charges be the same?

Probably would be exactly the same. Think Andrea Yates.

What about Double Jeopardy?

Double jeopardy only applies if you are acquitted of the charges -- then they cannot bring you up on the same charges.

If they get a new trial is the jury told about the 1st trial?

No. There would be no sense to that and it would be considered prejudicial.

Any info would be greatly appreciated! Thanks!What is the name of your state?

That should answer your questions.

 

[calatty]

If the conviction is overturned based on insufficiency of the evidence, retrial is prohibited. Otherwise, the DA will retry or offer a plea bargain. They do not just drop the case. The jury is not told about the first trial, but any testimony that was given at the first trial can be brought up at the second trial.