Filing a notice of intent to pursue postconviction relief in a felony case does not automatically stay the imposition of a jail sentence. You must file a motion for relief pending the postconviction/appeal process. Whether to release you is within the discretion of the judge. The court will take into account the likelihood that you would flee or commit a new crime and, most importantly in your case, the likelihood of success on appeal.
This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.
Filing an appeal does not automatically stay your sentence. The stay is discretionary. You are at the mercy of the HUBER program and the county sheriff. You must get consent from jail in the county you are seeking to transfer to. You have to report to your initial county of confinement and then put in a request to transfer. This often depends on if the facility has capacity. Good luck.
This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.
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