If you’ve been convicted of a crime in Washington, you may be wondering whether an appeal means you get a new trial. It’s a common and understandable question – especially for defendants in Seattle facing serious criminal consequences. The short answer is not usually. An appeal and a retrial are very different things and understanding that difference is critical when deciding the next steps following a conviction

Appeals vs. Retrials: The Key Difference

A criminal appeal is not a do-over of your case. You don’t present new witnesses, introduce new evidence, or ask a new jury to decide your guilt or innocence.

Instead, an appellate court reviews what already happened in the trial court to determine whether legal errors occurred that affected the outcome. The focus is on the judge’s rulings, jury instructions, admission or exclusion of evidence, and whether your constitutional rights were respected.

A retrial, on the other hand, is a brand-new trial that starts over in the trial court, often with a new jury.

What Happens During a Criminal Appeal in Washington

When you appeal a conviction, the appellate court typically has the following limited options:

  • Affirm your conviction, or say that the conviction stands and confirm the trial court’s ruling,
  • Reverse the conviction, or throw out the trial court’s ruling, or
  • Remand your case, or send the case back to the trial court for further proceedings.

Most appeals result in affirmation, but when an error is significant enough, reversal or remand becomes possible.

When Can a Case Be Retried After an Appeal?

A retrial is possible, but only in limited circumstances. These include:

  • Reversal due to trial error – If the appellate court finds that a legal error occurred in your trial (such as improper jury instructions, unconstitutional evidence being admitted, or prosecutorial misconduct) it may reverse the conviction and send the case back to the trial court. In many of these situations, the prosecution is allowed to retry the case, as long as the reversal was not based on insufficient evidence.
  • Conviction vacated, charges still valid – Sometimes a conviction is vacated, but the underlying criminal charge remains legally viable. In that scenario, the prosecutor may choose to retry the case, negotiate a plea, or dismiss your charges altogether.

When a Retrial Is NOT Allowed

There are important limits, rooted in constitutional protections, on when the state can retry a defendant. The most important involves double jeopardy protection.

If an appellate court reverses a conviction because the evidence at trial was legally insufficient to support guilt, the Constitution bars a retrial. In that situation, the case must be dismissed.

Similarly, if a defendant is acquitted at trial, the state cannot appeal the acquittal and seek a retrial – no matter how strongly it disagrees with the verdict.

Does an Appeal Automatically Mean a New Trial?

No. Most appeals do not result in retrials. Even when a defendant wins on appeal, the remedy may be limited.

A full retrial is the exception, not the rule.

Strategic Considerations Before Appealing

Appeals are complex and highly technical. They require identifying legal errors preserved in the trial record and demonstrating that those errors were harmful – not harmless.

In some cases, even a successful appeal can expose a defendant to renewed prosecution, additional time in custody, or strategic disadvantages in a retrial. That’s why it’s critical to consult with a Seattle criminal defense attorney who understands both trial litigation and appellate strategy.

Contact Black & Askerov for Help

The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on appeal. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!