Bail After Conviction? Yes, It Can Happen
An arrest can happen at any time. Sometimes you are taken into the police station for questioning and end up being arrested during the process. Other times, the police find you and already have a warrant for your arrest.
When you are simply being questioned, you have the right to leave after being detained for eight hours. But once you are arrested, you must remain in police custody until you are acquitted of the crime, have fulfilled any prison sentence, or are released on bail.
Most people try to be released on bail while they await trial because you are still considered innocent at this point. So, unless the court feels you are a threat to yourself or others or that you may flee the area to avoid being convicted, you will be granted bail.
It is also possible to be released on bail after you have been convicted. Bail after conviction is not common and may be hard to receive, but your lawyer and bondsman may be able to help if the circumstances are right. Here are a few times you may be released even if you have been found guilty.
Before Sentencing
In many legal cases, a sentence is given as soon as a guilty verdict is reached. However, the court may need time to consider the crime, your past, and any plea agreements you and your lawyer may have made. When there is time between the guilty verdict and the sentencing, you may be able to be released on bail.
Since you have already been found guilty, certain facts will be considered strongly before you may be released on bail. If you made it to every court appointment on time, are not a threat to anyone else or yourself, have good ties to the community, and don’t have many other convictions (none at all is preferred), you may be considered for bail depending on the estimated length of the sentence.
Although the sentence has not been determined, a crime that normally has a long sentence reduces the chance for bail. The court feels the longer the sentence, the greater the urge to flee the area. When the sentence is not too long, the court may allow your release so you can take care of things before serving your time.
You may be allowed to work and request a period of time off to coincide with your sentence. If you need to sign papers for child custody, give power of attorney to someone, or handle other legal issues, make sure to do so.
Be sure to have a bail bond company ready to post the bond so you can be released the same day as the conviction.
During Appeal
If your lawyer feels you have good grounds to appeal the guilty verdict, you may be able to be released on bail. However, this type of bail is not granted often, so don’t get your hopes too high. If the crime was something like murder or any type of sexual crime, odds are good you will not be considered for release.
If the crime was not serious and the appeal wouldn’t be heard until after the sentence is complete, odds are good you will be released. Basically, if you would have to stay in prison longer than your sentence for the appeal, bail is often granted even if you have been found guilty.
Any time you are granted bail, it is important to keep in contact with the bail bond company to make sure you adhere to all bail conditions. Contact Affordable Bail Bonds as soon as you have been found guilty to discuss the possibility of bail after conviction. We will work with your lawyer to determine what needs to be done.
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