What Is Bail After Conviction?

Most people are familiar with the basics of bail in criminal court proceedings. A person charged with a crime can post bail with the court and be released while awaiting trial. The bail acts as a sort of security deposit. If the defendant shows up for the trial, the bail money is returned by the court. If the defendant fails to appear, the court keeps the deposit. People are less familiar with the concept of bail after conviction, available in limited instances to allow people to stay out of prison while their guilty verdict is under appeal.

Post-conviction Bail

The biggest factor in determining whether bail after conviction will be allowed is the nature of the crime and the length of the sentence. In Florida, anyone convicted of a violent crime, including murder, rape, and aggravated battery, will not be eligible for bail while waiting on appeal. Bail won't be allowed when the sentence is for a substantial amount of time, as courts are concerned the desire to avoid a long prison sentence will encourage too many people to skip town while their case is on appeal.

Judicial Discretion

While state law sets the boundaries for what kind of bail after conviction is allowed, a defendant does not have the right to stay out of prison while their conviction is appealed. The trial court judge has significant discretion in deciding whether or not to allow bail. The judge will consider a number of factors, such as whether the defendant is a flight risk, whether they pose a risk to the community, and whether there is any legitimate ground for the appeal.

The agents at A Wesley Chapel Bail Bonds LLC have decades of experience working within the criminal justice system. Our bail bonds service can help you with pre-trial or post-conviction bail, and answer all your questions along the way. Contact us today for assistance.