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If you appeal a case but serve full time. do you still have to bond out waiting on appeal?

Houston, TX |

He was sentenced max sentence and that time is up in 2 weeks. but we appealed the case does he still have to sit there or bond out? If he already served full term

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Attorney answers 2

Posted

Unless Texas law is very unusual, he will be released when he sentence expires, even though the appeal is still pending. If his conviction is subsequently reversed on appeal he would presumably be discharged from parole (or whatever the Texas equivalent might be) and he might (depending on Texas law and on whatever record he has already) be able to get his arrest and conviction records expunged. Wait for an answer from a Texas attorney.

Posted

Mr. Sachs got it right. The defendant will be released by the authority holding him upon serving the entire sentence. The appeal will continue and is not considered moot. Trial courts differ in their policy regarding appeal bonds and your trial judge may or may not require one., but regardless of the policy, the defendant should be released upon serving the maximum sentence.

Asker

Posted

Would he still have restrictions as a bond. Because we're not bonding him out he served the full term.

Dan Wood Jr.

Dan Wood Jr.

Posted

In my experience, it is unlikely the trial judge will require an appeal bond in this type of case. If the defendant is released without an appeal bond then there are no terms and conditions (restrictions) with which to comply.

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