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

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?

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Attorney answers 2


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.

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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!