Q: Minnesota. Won appeal on a Possession charge. Already in prison. Case was sent back to district court. Now what?

A: The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried prison sentences, the State cannot continue to hold that person. It's as simple as that: no conviction means no penalty.

Depending on the reason for which the appeal was granted (i.e., if it was based on a technicality) and how long ago the predicate offense was, the State may elect to recharge the person (double jeopardy only applies to acquittals). BUT, the evidence must be sufficient and lawfully obtained in order for the State to bring new charges after the conviction was vacated.

On the flip side, if the person was wrongfully convicted, then the person may have a basis to sue the county and gain compensation for their time behind bars. Most states (Minnesota included) have laws providing compensation to those who can verify their innocence. A person can also bring a civil lawsuit if there is reason to believe that the conviction was the result of police or prosecutorial misconduct.

Again, this is just generally speaking. Feel free to reach out if you would like to discuss this in more detail in a confidential setting.

A: The answer is: it depends. Generally speaking, if a person is convicted of a crime and sentenced to prison for that crime, then it follows that they must be released from prison if the predicate conviction was vacated on appeal. Unless the person was convicted of multiple offenses that carried prison sentences, the State cannot continue to hold that person. It's as simple as that: no conviction means no penalty.

Depending on the reason for which the appeal was granted (i.e., if it was based on a technicality) and how long ago the predicate offense was, the State may elect to recharge the person. However, the conviction cannot be sustained on the same grounds. On the flip side, if the person was wrongfully convicted, then the person may have a basis to sue the county and gain compensation for their time behind bars. Most states (Minnesota included) have laws providing compensation to those who can verify their innocence. A person can also bring a civil lawsuit if there is reason to believe that the conviction was the result of police or prosecutorial misconduct.

Again, this is just generally speaking. Feel free to reach out if you would like to discuss this in more detail in a confidential setting.

A: Since a good answer would require the information already possessed by your lawyer, it would make sense to ask your lawyer this question. Different issues can be appealed form the trial court, at different stages in the process. For example: (1) the prosecutor can appeal a pretrial ruling in favor of the defense; (2) the defendant can appeal an illegal sentence; (3) the defendant can appeal a pretrial evidentiary ruling after a jury verdict of guilty. And so on. If the the Minnesota Court of Appeals has ruled on an appeal, then the Minnesota Supreme Court has declined further review, then the case should be returned to the Minnesota District Court (trial court) for further action consistent with the Minnesota Court of Appeals decision.