At sentencing an appeal is filed, will the accused be re-arrested and have to post bond again while waiting for the appeal?

Asked over 4 years ago - Birmingham, AL

Defendant accused and convicted of possession of less than one half gram of meth. Defendant plans to appeal on the day of sentencing. Will the defenant be re-arrested in court, taken to jail and have to post another bond while waiting for the appeal?

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Regarding an offender's filing of an appeal of the sentence if an appeal is filed, the prosecutor will provide the following information:


    A brief explanation of the appellate process and possible disposition of the case.


    Whether the defendant has been released on bail or recognizance pending the outcome of the appeal.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  2. Karyn T. Missimer

    Contributor Level 18

    Answered . Although I do not practice in AL, if your friend wants to be released on bond pending appeal, he will likely have to make a motion to the judge. In WI (and many other states), you are not automatically released pending appeal; and you may have to make a strong showing of success on appeal before you are released.

    Your friend should consult with a local, experienced appellate attorney; and the sooner your friend does so, the better. In many states, there are appeal deadlines that begin to run the day of sentencing; and those deadlines may come up quickly.

    Good luck to both of you!

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