When an appellate court issues an opinion, it may remand a case with specific instructions. The type of relief granted depends on the error identified. For instance, if a conviction is reversed due to a trial error, a new trial may be ordered. If the sentence was unlawful, resentencing will occur. If there was insufficient evidence or a misapplication of the law, certain counts may be vacated.

Upon remand, the trial court must adhere to the appellate mandate. Prosecutors then have the option to retry the case, negotiate a resolution, or dismiss the charges, based on the ruling and the available evidence. Typically, appellate counsel will collaborate with trial counsel to implement the outcome and safeguard the client’s rights in any subsequent proceedings.