If you are convicted of a crime, your case is not over. There may be grounds to appeal your conviction. However, you may be wondering what happens to you while your appeal is pending. Will you be able to post bail and be released from custody until your appeal is heard?
How Bail Works for Misdemeanor Appeals
Under California Penal Code Section 1272, you have an automatic right to bail pending an appeal of a misdemeanor conviction.
However, filing an appeal doesn’t mean that you won’t be sentenced. In fact, the court will most likely move forward with the sentencing process. If you are sentenced to serve time in jail, your criminal appeals lawyer can ask the court to set a bail amount for you pending your appeal.
How Bail Works for Felony Appeals
Bail is much more complicated when it comes to felony appeals.
You will not be granted bail pending appeal if you were convicted of a felony offense that is punishable by death. If you were convicted of a felony and only a fine was imposed, you have an automatic right to bail pending appeal.
If you have been sentenced to prison, bail will only be granted pending appeal under special circumstances. In order to be granted bail after a felony conviction, your criminal appeals lawyer must show all of the following:
- By clear and convincing evidence that you are not likely to flee
- By clear and convincing evidence that you do not pose a danger to the safety of others or to the community, AND
- You are not filing your appeal for the sole purpose of delaying judgment and your appeal raises a substantial legal question that may result in a reversal of your conviction
When determining whether to grant you bail, the court will consider your ties to the community, family attachments, employment, duration of residence in the city where you live and whether you own any property. The court will also consider whether you showed up to past court hearings and the severity of the crime you were convicted of.
In order to obtain a favorable outcome in your appeals case and avoid spending time in custody while your appeal is pending, you should speak to an experienced criminal appeals lawyer right away.
Contact the Criminal Appeals Lawyers at Wallin & Klarich Today
Being convicted of a crime could be devastating. You may be worried about the impact it will have on you for the rest of your life. That is why you should contact a skilled criminal appeals lawyer at Wallin & Klarich today.
Our experienced criminal appeals lawyers have been successfully helping clients appeal their convictions and avoid spending time in custody for over 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal appeals lawyer available near you no matter where you work or live.
Call our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.