Release on bail pending an appeal

Whether a defendant is entitled to be released on bail pending his or her appeal depends upon the type of offense of which the defendant was convicted and the length of sentence imposed on the defendant. If the defendant is convicted of a misdemeanor, the defendant is generally entitled to reasonable bail pending his or her appeal. If the defendant is convicted of a felony, the length of the defendant's sentence generally determines if the defendant is entitled to bail.

If a defendant is sentenced to death, to life imprisonment, or to a period of confinement for more than a certain number of years, most states do not allow the defendant to be released on bail pending his or her appeal. The defendant is generally transferred to a correctional institution pending his or her appeal.

If a defendant is sentenced to less than a certain number of years, the defendant may be released on bail pending his or her appeal. However, a trial court has discretion to deny bail if it finds good cause to believe that the defendant will not appear in court after his or her appeal is final or if the defendant is likely to commit another offense while on bail. In some states, the defendant is not entitled to be released on bail pending his or her appeal if the defendant is convicted of certain offenses.

If a trial court has the discretion to grant bail to a defendant pending his or her appeal, the trial court will determine the amount of the defendant's appellate bond. In making such a determination, the trial court will consider the length of the defendant's residency, the defendant's family ties, the defendant's employment and criminal history, and the facts regarding the defendant's underlying conviction. The defendant is entitled to appeal the amount of his or her appellate bond or the trial court's denial of bail to the defendant.

If a defendant is denied bail pending his or her appeal and if the defendant's conviction is reversed on appeal, the defendant may be entitled to be released on bail if a new trial is awarded by an appellate court.

If a defendant is denied bail pending his or her appeal and if the defendant's conviction is affirmed on appeal, the defendant is entitled to credit toward his or her sentence for the time that he or she spent in custody pending the appeal. The defendant is also entitled to credit for good conduct time.

If a defendant is granted bail pending his or her appeal and if the defendant's appeal is denied, a warrant or a confinement order will be issued for the defendant. The defendant has a duty to report to a trial court after his or her appeal is denied. If the defendant fails to report to the trial court, the defendant will not be entitled to credit toward his or her sentence for any time that he or she served in custody pending his or her appeal.