How to Get Bail During the Appeal Process

Sometimes we can end up in bad situations and need to get out of jail quickly. The best way you can make that possible is to post bail. But is it always possible to do that? If you don’t have a clean history, you may be limited to what you can and can’t do because you are viewed as a threat to the community based on what the charge is.

Get Bail During The Appeal Process

A defendant that has been convicted of a crime will have the option of choosing to appeal the conviction. For example, The defendant can argue if they feel their constitutional rights were violated or if they have identified a procedural error during trial. If someone has been sentenced for a crime, they may be able to post the bail and get out of custody during the rest of their appeal.

A thing to know is that “Post-conviction bail isn’t available in all states because it is not a constitutional right.” You don’t have a constitutional right to bail during the appeal process, as you do while waiting for a trial in a criminal case. The options you have for bail while pursuing an appeal will depend on the laws of your state. Some states will not provide post-conviction bail at all, but others will give judges substantial discretion in determining whether it’s appropriate and how high it should be. The higher it is, the harder it will be to get a bail bonds company to sign with you. If you want more information, you can search your state or Utah County Bail Bonds for more information. 

Considering The Crime and Sentence

A defendant will be burdened to show that the bail after the conviction is appropriate. Then the court will consider the crime of which the defendant has been convicted and the sentence that they received in whether they should grant bail or not. Sometimes, the state will eliminate the possibility of bail if the defendant has been convicted of a severe crime, like homicide or a sex crime. That is entirely because the defendant is no longer entitled to a presumption of innocence and could potentially pose a danger to the rest of the community.

If the defendant has a sentence of a lengthy prison term, it may make the judge reluctant to grant the bail since it would make it more likely for the defendant to flee if their appeal isn’t successful. The judge must be careful with the decisions they make for the sake of the defendant and the rest of the community.

Other Factors in Determining Bail During an Appeal

In addition to the two key factors above, the judges may review the same factors that are relevant in post-arrest bail decisions. For example, they may take the defendant’s criminal record into account, their employment status, family relationships, and any history of failure to show up to court. 

If the defendant has an irresponsible or reckless past, it is less likely that they will get bail during the appeal. Even if the crime committed isn’t that serious, the judge will see them as irresponsible or reckless and view them as a threat to the community, and they won’t get bail. The defendant will not be granted post-conviction bail if they are likely to tamper with evidence or the witness after being released from custody.

Conclusion

Sometimes things work out, and sometimes they don’t. Bail is an incredible thing that we have, so we can still be free awaiting trial, but the best thing would be to never end up behind bars. Stay away from anything or anyone that could potentially be a problem. That way, if you ever end up being put in that position, you will be able to get more benefits because you have a clean history and can be trusted with the community.