Legal Question in Criminal Law in California
appeals
i got a remittitur and a dismissal in my case.and i wanted to go back to court to get my case dismissed .what do i do?
2 Answers from Attorneys
Re: appeals
The case is over, and you won. Congratulations!
Re: appeals
Your question is so vague that I can't tell whether you won or lost, so I'm not sure I agree with Mr. Stone.
Remittiturs are issued at the end of every appeal, regardless of the outcome. The fact that one was issued in your case says nothing about who won.
If your appeal was dismissed that means you lost. Dismissal of an appeal leaves the underlying conviction and sentence intact. On the other hand, if the appellate court said the lower court should have dismissed the charges, then you won. Such a ruling is not a dismissal, though a layperson unfamiliar with the proper terminology might call it one.
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