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Under what circumstances will a stay in a sentence be revoked after an appeal is filed and can it be challenged.

Overland Park, KS |

I was convicted in August of 2012 and sentenced in December of 2012 with 5 felony charges which I am appealing. The appeal was filed 2 days after the sentencing which was 2 weeks of jail and 2 years of probation. It was my attorneys understanding, and the probation offices understanding that once an appeal is filed there is an automatic stay in the sentence. What circumstance and how do I obtain in writing the reasons behind this ruling?

Attorney Answers 2

  1. If the filing of an appeal invokes an automatic stay of sentence in a criminal case in Kansas, then Kansas law is very unusual indeed. I trust you will have a response from a Kansas attorney, and I look forward to seeing it.

  2. For reasons I cannot explain that is the typical way it is handled in Johnson County District Court. I do not believe it is written into statute or even policy, but that is how the judges here handle it. Now, if you had been sent into custody in the penitentiary or county jail you would not have seen a stay of the sentence. It only happens when you are placed on probation. It can be to a defendant's benefit, but I find it is usually to his detriment. You should discuss the matter with your attorney. If you do nothing then the probation is stayed until a decision comes from the Court of Appeals. If the conviction is reversed you will get a new trial, or whatever relief is ordered, without having to have done the hassle of probation. On the other hand if the conviction is affirmed you will have to start the two years of probation then. You may want to go ahead and begin the probation at this time. If you do that and the conviction is affirmed you will be nearly done with probation by the time you get a decision. If you start the probation now and the conviction is overturned you will not have completed the probation requirements needlessly. Discuss the matter with your attorney. If you decide you want to begin the probation now and get on with your life he should be able to make this happen by going back to the judge and getting an order.

    Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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