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

Asked about 2 years ago - 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. 4

    Lawyers agree


    Answered . 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. 3

    Lawyers agree


    Answered . 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. 1

    Lawyer agrees

    Answered . 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.


    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Sentencing for criminal conviction

Sentencing is the process after criminal conviction in which the judge determines your punishment, such as jail or prison time, community service, and/or fines.

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