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What do I have to do to get a stay of sentence after conviction?

Batavia, NY |

I believe my wife was innocent she was found guilty while the appeal is going thru I am trying to get her out of jail while we wait for the appeal process to go thru what do I have to do

Attorney Answers 3


  1. I am sorry to learn of your wife's conviction. Your first contact should be with the attorney who represented your wife at trial. This attorney should be working on getting the Notice of Appeal filed promptly. You will need to find out if the attorney made an application to the trial judge for bail pending appeal. If no application was made already, the attorney should be moving immediately for bail under Section 460.50(1) of the Criminal Procedure Law. That attorney should also be referring you to a competent bail bondsman in your area. If an appeal is warranted, you should contact an experienced appellate attorney.


  2. Either convince the sentencing judge to stay imposing the sentence or convince him/her to set bail. Another option is get a stay from the appellate division that will hear the appeal. Either way it isn’t something that you can do but rather the attorneys representing your wife (either the trial attorneys or the appellate attorneys).


  3. Innocent people are wrongfully convicted all the time. Look at the website for the Innocence Project. If she was convicted, she can't get out pending appeal. You need a lawyer to fight in the appeal court consider all possible avenues like a trial court motion to vacate if grounds exist under 440 of the criminal procedure law.

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