California Penal Code 1272.1 addresses bail pending appeal. However, I would like to have a stay pending appeal. I was granted probation but with a 60 day jail sentence for a felony conviction. I'm currently seeking an appeal lawyer somewhere outside the influence of the local DA.
You need to at least file a Notice of Appeal and then the briefing schedule will be set. You also may have to post a bond pending resolution of your appeal.
I'm not convinced this is a serious question, but you file a motion requesting a stay pending appeal. The title for your motion is: "Motion for Stay of Sentence Pending Appeal." There are some good criminal defense attorneys in Chico, and I'm quite certain at least one of them is "outside the influence of the local DA," whatever that means.
San Diego Criminal Defense Attorney--20 years experience
First and foremost, file the notice of appeal. It is a single document. Have your attorney assist you with that notice. It appears that this is a plea so the notice of appeal may need to contain a statement of good cause. If you don't trust your attorney then retain another to assist you. Its imperative that the notice of appeal be filed before you ask for a stay pending appeal. Before spending any additional time on the Internet, you could benefit from meeting with an attorney to discuss specific facts in an attorney-client privilege environment, which the Internet is not. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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