After trial, a judge will usually remand a person to jail with no bond pending sentencing. After being sentenced, the lengthy appeal process begins. A frequent question is “Can my loved one post a bond while the appeal is pending?” The answer is possibly. After someone is convicted, there is no constitutional right to a bond and Florida Statutes § 924.16 state that the decision whether to grant a person post trial release is left to the discretion of the trial judge.
Unfortunately, there are many legal exclusions that prevent a person from being eligible for bail pending appeal. Under Florida Statutes § 903.133, if someone is convicted of specified crimes they cannot be released while an appeal is pending. Those crimes are capital sexual battery, murder, drug trafficking, kidnapping, arson, and sexual battery. Further, an appellate bond cannot be granted if the criminal conviction was any offense requiring a person to register as a sexual offender, the defendant was over the age of 18, and the victim was a minor. Florida Statutes § 903.132 states a person is ineligible for an appeal bond if they have been previously convicted of a felony and their civil rights have not been restored or if the person has a felony or other felonies pending and a court has determined that “probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made”
If someone does not meet any of these exclusions, an appellate attorney may file a motion for pretrial release provided that the appeal is “taken in good faith, on grounds fairly debatable, and not frivolous,” pursuant to Rule 3.691, Florida Rules of Criminal Procedure. The rule further states that, if the court grants bail, the person appealing must duly prosecute the appeal; surrender themselves if the conviction is upheld on appeal; appear in court if the conviction is overturned and a new trial is ordered. A trial must look to the following factors when making a determination whether bail pending appeal is appropriate, including: “the defendant’s habits and community ties; any term of imprisonment imposed; the severity of the punishment or temptation to flee; the defendant’s respect for the law; and any other factors indicating whether the defendant is a flight risk.” If the trial judge denies a request for post-trial release, an appellate attorney can file a motion with the appellate court asking the appellate judges to review the decision denying an appeal bond.
If you are loved one has been convicted of a crime and are considering an appeal, please contact our office to have a free consultation with a board certified appellate expert.