Does the Filing of an Appeal Stop My Sentence from Being Carried Out?
If you file an appeal, your lawyer can ask for an “appeal bond,” which allows you to stay free while your appeal is decided. The circumstances in which you can get an appeal bond are limited.
For felony cases, if you were sentenced to 10 years in prison or more, you can’t get one. You’ll start serving your prison sentence and will be in prison pending your appeal.
For the most serious felony cases, such as murder, kidnapping, sexual assault, burglary, aggravated robbery, and cases involving deadly weapons, appeal bonds are forbidden. You’ll have to serve your sentence during the appeal.
As for non-violent felony and misdemeanor cases, whether you get an appeal bond is going to depend on the judge and the facts of your case. It’s far more likely you’ll be granted an appeal bond if you were sentenced to probation than prison time.
An appeal bond is like a regular bond. You’ll need to put up money to make the bond and you may be subject to bond restrictions while your appeal is pending.
For more information on Staying Of Sentence Upon Appeal, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.
Call Now For A Free Consultation