Legal Question in Criminal Law in California

Re: 5th district court of appeals

(Keep in mind that I haven't read your case and the only information that I have is the information in your question.)

Winning an appeal isn't necessarily the same as winning a case. The appellate court can reverse and send it back to the lower court. May have to redo the trial. So they won't have to release him until the case is finally resolved. He could still be found guilty for different reasons.

Re: 5th district court of appeals

I agree with Ms. Healy. A reversal does not necessarily mean the defendant is entitled to go free; it just means there are problems with the way he was convicted. I most instances the government will have the right to retry the case. The defendant will not be released in the interim.

Even when the appellate decision leaves no room for a retrial, that decision does not take effect immediately. The government has the right to seek a rehearing in the Court of Appeal and/or review in the California Supreme Court. Depending upon the issues involved, it may also try to seek review in the U.S. Supreme Court. The defendant will not be entitled to release while this is going on.

Re: 5th district court of appeals

The reversal, unless for insufficient evidence does not preclude retrial on the original charges.