The inside of a courtroom in a court of appeals

Bail While Awaiting Appeal: How Does It Work?

Individuals who have been accused of committing a crime have a right to bail pending trial. Someone who posts bail or is released on their “own recognizance” can remain out of custody while their case is pending.

In certain cases, while they appeal their conviction, a defendant can get out on bail after they’ve been convicted of the crime and sentenced.

There is no federal constitutional right to bail when a defendant appeals their conviction. However, securing post-conviction bail is possible in a number of different scenarios. States have their own laws that determine the circumstances which allow defendants bail while they wait for the resolution of the appeal.

Here’s a guide on how this process works. Let’s get right into it.

The Judge Gets to Decide

Not every state allows defendants to post bail once they’ve been given a jail or prison sentence. In the states that do, trial court judges generally have a considerable amount of leeway when it comes to assessing whether to set bail for the defendant after an appeal as well as how high to set it.

Important Factors to Consider

These are some of the important factors that states consider when determining whether to set bail or not:

A conceptual image about court proceedings, depicting two opponent figures beside a judge’s gavel.

The Crime and the Sentence

Several states don’t set bail if the defendant’s conviction was for a serious and/or violent crime, such as murder or rape. On the other hand, some states do not allow a defendant post-conviction bail if they have been given a long sentence by the trial court.

Conversely, if the defendant’s conviction is for a minor crime, or if the sentence is relatively short, it’s more likely for a trial court to allow bail. Several jurisdictions allow bail when the jail sentence of the defendant is shorter than the time it would take to resolve their appeal.

Other factors include:

  • The severity of the crime
  • The criminal history of the defendant
  • The defendant’s track record regarding appearing for past court hearings

Reliable Bail Bond Services in Indiana

If you’ve found yourself in need of a bail bond, let us use our expertise to work. At DeLaughter Bail Bond, we offer a 24-hour bail bond service for every situation. We try our best to help out defendants get out of jail as they await their trial. Reach out to us for the lowest bail bond rates available. We extend our bail bond services in Allen Country, Whitley County, and Huntington County, IN.

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