Bailing Someone Out Of Jail After A Conviction: What You Need To Know About Bail While Awaiting An Appeal

The majority of bail bonds that are posted are posted prior to a defendant going to trial. After someone has been arrested, bail will be set. Bail is a right that is afforded to those who are not deemed to be a flight risk or a risk to the public. However, pre-trial bail is not the only type of bail that exists. If someone has been convicted of a crime, a judge may grant them bail while they are awaiting an appeal. Here is what you need to know about post-trial bail. 

Who Decides If Post-Trial Bail is Granted?

In most cases, the trial judge will determine if you are granted post-trial bail while you await the appeal process. However, in some cases, your defense attorney may take your case to an appellate court. That court may also determine if post-trial bail is granted. 

Is Post Trial Bail a Right? 

Post-trial bail is not a right or a guarantee. Fewer people receive post-trial bail compared to pre-trial bail. However, many of the same factors are looked at when determining whether you should be granted pre-trial and post-trial bail. The courts will look at whether you are considered a flight risk or a risk to public safety. In addition to this, the courts may look at the facts surrounding your case and what the likelihood is of your case being overturned on an appeal. 

Do All Bail Bonds Companies Post Post-Trial Bail? 

Not all bail bonds companies will post post-trial bail bonds. The likelihood of a defendant fleeing or skipping out on bail is higher if they know that they have already been convicted of a crime once. As such, some bail companies will not take the risk. It is important to note that bail bonds companies have a right to refuse to post bail for anyone. They are not required to post bail simply because a judge has given a defendant a bail amount. With that said, many licensed bail bonds companies will post post-trial bonds, though they may require the defendant to check in more frequently or have other stipulations, such as a curfew or not leaving the county. 

If your loved one has been convicted of a crime, they may have been taken into custody immediately after the verdict was announced. However, if they are appealing the ruling or their sentencing, they may be granted bail while they are waiting on the appeal. Many licensed bail bonds companies can help you to post bond, helping you to get your loved one out of jail while they await their appeal.