Can I Post Bail While Appealing a Conviction?
Understanding Post-Conviction Bail
Once you have been convicted of a crime, you are no longer presumed innocent. Nevertheless, you do have the legal right to appeal a conviction, and in some cases, you can remain outside of jail while you do so. To seek bail after a conviction, you must convince the judge that is appropriate in your specific situation.
In most cases, including Maryland, post-conviction bail is largely up to the judge’s discretion. Whether or not you are granted bail will also depend on a few factors, most notably:
The Crime
If the crime you were convicted of is very serious or involved violence, the judge is unlikely to grant bail. For example, some states eliminate the possibility of bail altogether for crimes like rape and murder.
For less serious crimes, including most misdemeanors, post-conviction bail is much more likely.
The Sentence
A lengthy prison term may jeopardize your request for post-conviction bail because the court assumes those facing more severe consequences will be more likely to flee.
Conversely, shorter sentences may all but guarantee post-conviction bail. Some states, in fact, provide post-conviction bail in any situation in which the sentence is shorter than the amount of time it will take to resolve your appeal. If you are sentenced for a few months or even a year, for example, you may serve the length of your sentence while waiting for an appeal. In situations while appeals are successful, this is a wholly unjust outcome – and one the courts seek to prevent.
Your History
When deciding whether or not you are eligible for bail, the court will consider your criminal history. If you have a history of violence and/or missing court hearings, the judge is less likely to approve your request for bail.
Similarly, if you do not have many ties to your community, your request for bail may not be approved. The court will not allow bail if the judge believes you will run away from the consequences you are facing. As such, your likelihood for bail is higher if you have connections to your community, such as a spouse, a home, children, and a career – these connections help prove that you are not a “flight risk.”
The Strength of Your Appeal
If your appeal is successful, you will get a second trial. This means judges must be cautious of defendants who may tamper with evidence or intimidate witnesses if freed on bail.
Those with strong appeals have no reason to interfere with the appeals process, so a judge will be more likely to grant bail.
With the right attorney, you should be able to prove the strength of your appeal and show that bail is appropriate in your case. Your lawyer will be deeply familiar with all the factors we’ve discussed above, as well as the details of your case.
If you need an attorney for an appeal, look no further than the Law Office of Robert Castro, P.A. We are backed by decades of proven victories and client recommendations, and our team has half a century of collective legal experience.
Our firm has been helping clients since 1993, and we are ready to help you, too.
Call us at (301) 705-5137 or contact us online today – we will get back to you within 24 hours.
