06 Mar What Happens if You Lose an Appeal?
If you’ve ever been involved in a legal proceeding in the United States, you understand how much anxiety that process can generate – especially if the decision from the judge or jury goes against you. However, there is usually a method of reconsideration available to you called an “appeal”. In this blog article, we’ll go over what happens if you lose an appeal and what are the procedures for an appeal. Keep reading to learn more!
What Happens After an Appeal is Affirmed?
After losing an appeal, the appellate court will typically affirm the original decision made by the lower court. In other words, the lower court’s decision will stand, and the ruling will become final. In some instances, the appellate court may also modify the original decision instead of affirming it. This may occur when the court believes that the lower court’s ruling was incorrect, but not necessarily in its entirety. For example, the appellate court may modify the amount of damages awarded in a civil case or reduce a defendant’s sentence in a criminal case.
Petition for Rehearing
Once the appellate court has made its decision, the losing party may have a few different options. One option is to accept the decision and move on, knowing that the case is now closed. Another option is to file a petition for rehearing, in which the losing party requests that the appellate court reconsider its decision.
However, it’s important to note that a petition for rehearing is rarely granted, and only under specific circumstances. Generally, the losing party must show that the appellate court made a legal error or overlooked important facts in the case. If the appellate court denies the petition, the losing party will be required to accept the decision and move on.
Appeal to the Highest Court
In some cases, the losing party may also have the option to appeal the decision to a higher court. For example, if the appeal was heard in a state appellate court, the losing party may be able to appeal the decision to the state’s highest court. If the appeal was heard in a federal appellate court, the losing party may be able to appeal the decision to the United States Supreme Court.
However, it’s important to note that the chances of a higher court agreeing to hear an appeal are slim. In fact, most appeals are denied by higher courts. Therefore, it’s important for individuals to carefully consider the likelihood of success before deciding to pursue further appeals.
If the losing party does not file a petition for rehearing or appeal the decision to a higher court, the original decision will become final. This means that the losing party will be required to comply with the original ruling, whether it’s paying damages, serving a sentence, or taking other actions as required by the court. In some cases, losing an appeal may also have other consequences. For example, the losing party may be required to pay the other side’s legal fees and court costs. Additionally, losing an appeal may damage an individual’s reputation or business, particularly if the case is high-profile or involved sensitive information.
Losing an appeal can be a frustrating and disappointing experience. However, it’s important to understand the options available and carefully consider the likelihood of success before deciding to pursue further appeals. If you’re interested in petitioning for rehearing, it’s best to work with an experienced attorney. At Dominguez Law Firm, PLLC we work together with our clients to get them through the process and work hard to achieve the best result possible. Get in touch today to discuss the specifics of your legal case!