Legal Question in Criminal Law in Texas
retrials and appeals
Hi. Can you please tell me what the difference is between a retrial and an appeal concerning criminal cases? If someone has just been sentenced and is offered these two options a day or two after the conviction, is that normal procedure? Can you please tell me a few reasons why this is likely to occur?
1 Answer from Attorneys
Re: retrials and appeals
When the trial judge identifies fundamental error in the just-completed trial, he can order a new trial [re-trial]. If the defense believes there is error and a new trial is not ordered by the judge, then an appeal may be taken. A new trial does it over again with a different jury; an appeal is only a judge-review of the lower court [trial court] proceedings.
It would normally be wise to accept a new trial, as the appeal right remains preserved.
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