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Can i stay out of jail on bond while appealing a guilty verdict

Port Richey, FL |
Attorney answers 2


As long as you have no previous convictions and your attorney can show the court you have a reasonable issue on appeal, the trial court judge is required to set an appellate bond. This bond must be reasonable under the law. If you can afford to post this bond, or can get a bondsman to post it for you, then you will be released pending the decision of the appellate court. If not, then you will have to do your time.


The issue is whether you can be released on bond in the event that you have a jury verdict of guilty. First, if your attorney believes that there have been serious issues/mistakes made by the Court (the Judge) during the trial, he or she may submit a Motion for New Trial. The Court may appreciate this gesture because it will give him a chance to correct his mistakes instead of having to worry about being overturned on appeal. If the motion for new trial has merit, the Judge may set the motion for hearing. At this time, assuming that you are in custody, the issue will arise as to what to do with you while you are awaiting the hearing on new trial. If you had no serious issues during your pre-trial release, the judge may release you on your own recognizance until the hearing.

If you do not decide to do a motion for new trial, but instead go straight to the appeal process, you would then seek a supersedeas bond, otherwise referred to as an appellate bond. As long as you have had no felony convictions and the appeal appears to have merit, the judge may let you out on this bond as long as the notice of appeal has been filed. Hope this helps!

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