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Can I Get Out Of Jail While My Federal Criminal Appeal Is Pending?

October 11, 2021

Yes, you may be able to get out of jail while your federal criminal appeal is pending. You do not have a right to be granted bail in this circumstance, but there are several times when you may be granted bail. However, it will be up to the judge in your case.

Examples of the Times When Post-Conviction Bail Is not Allowed.

Bail will not be allowed under the following circumstances:

  • You were convicted of a violent or serious crime.
  • You may be sentenced to a particularly long prison term.

Times when Post-Conviction Bail Is Allowed.

If your prison sentence will be shorter than the amount of time required to resolve your appeal, you are likely to receive bail. This is the case because you could possibly serve your sentence in full before your appeal has been decided. If you were convicted on a minor charge, you are likely to receive bail. That is because the sentence would not be long enough to cause you to be a flight risk.

Obtaining Bail while Your Federal Criminal Appeal Is Pending.

The presumption of innocence no longer exists after you have been convicted of a crime. Therefore, the defendant must demonstrate to the court that he or she is worthy of receiving bail. The judge will take several things into consideration when making this decision, including the following:

  • How serious was the crime that was committed?
  • Are you a danger to yourself or to other people?
  • Do you have a long criminal history?
  • Can you prove that you will not run away to avoid serving time?
  • Have you purposely missed any court appearances in the past?
  • Is it likely that you will win your appeal?
  • Do you have strong ties to the community?

Are there Other Considerations?

The judge must consider whether or not you are likely to be a danger to innocent people. For example, if your past actions include impulsive decisions that placed other people in danger, the judge is likely to refuse to grant bail. The judge must also consider whether it is likely or not that you will commit a crime while you are out on bail.

Another concern is for the witnesses in your case. The judge will ask whether or not you are likely to intimidate the witnesses in your case. There is also the possibility that you could tamper with evidence. These are very important considerations because you may be granted a new trial after your appeal has been decided. In that case, witnesses and evidence must remain intact so that they can be presented at the new trial.

The judge will also examine your appeal. If he or she believes that the appeal is frivolous, it will be less likely that the judge will grant bail. If the appeal addresses a consequential matter, the decision on that consequential matter must be in the defendant’s favor. A consequential matter raises substantial doubt in the resolution of the case. If so, the verdict will be set aside, or the defendant will receive a new trial.

If the defense cannot meet the burden of proof on these counts, the judge will deny bail. In most cases, the issue that receives the most consideration is whether or not the appeal raises a consequential matter and is likely to be successful.

Why Hire a Criminal Defense Law Firm?

You must hire a criminal defense law firm for the purpose of appealing your criminal conviction and helping you get out of prison on bail. This means that you need an attorney with experience in the appeals process. An attorney with this experience will not simply repeat the arguments that your attorney raised in the post-conviction motions. This is the most common mistake that inexperienced attorneys make. These arguments were already raised, and they failed.

Your experienced attorney will introduce the court to the errors that the judge made during your trial or any laws that were violated. Your lawyer will work to provide the judge with evidence that there is a consequential matter in your case that proves that there is something unique about your appeal. This means that there is a substantial question that needs to be addressed on appeal. If you don’t have this, the judge will not have a reason to take your case any further.

Another thing that you must consider is what will occur after your case is over. It will not be enough to win on appeal because the impact of your arrest and previous conviction could follow you into the future. An attorney can help you move back into society without facing the consequences of being denied employment or housing in the future.

Contact a criminal defense law firm today.



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