Can I Get Bail After a Conviction?
When an individual is found guilty of committing criminal activity, it can be quite complicated for him to post bail. Bail is possible in some situations, but regulations on availability make it difficult to obtain. An assumption of innocence is not applicable.
Posting Bail While Waiting for Criminal Sentencing
Under federal law, a convicted individual must remain in jail unless the court is confident that he will not pose a danger to society or flee the jurisdiction. Defendants who are found guilty of kidnapping, sex trafficking, serious drug offenses or violent crimes are usually ineligible for bail after a conviction. There are exceptions, though. A person who is convicted of any of the aforementioned offenses may be granted bail if:
- He will most likely get a new trial.
- The charges against him will most likely be dropped.
- The district attorney does not recommend imprisonment for him.
Posting Bail While Waiting for an Appeal
If a convicted individual wants to post bail during a criminal appeals process, he is subjected to the same standards as a defendant who requests bail prior to or during criminal sentencing. If you have questions about the process, talk with a Houston criminal defense attorney. The court considers the following factors:
- If the defendant is released, will he try to flee the country?
- If the appeal is successful, would it mitigate or change the defendant’s punishment?
- Is the defendant deliberately trying to delay criminal sentencing by appealing a conviction?
- Would the safety or well-being of society be jeopardized by the defendant’s release?
The state courts differ from federal courts on the issue of bail. Unlike federal courts, the state courts have the option of granting bail to a defendant who is awaiting criminal sentencing or the appeal of a conviction. A judge will determine if the defendant is eligible for bail and cannot reward it in cases that involve murder, drugs or kidnapping.
When a judge considers a defendant’s eligibility for bail, he or she will look at the defendant’s flight risk, his ties to his family or community and the potential harm he could unleash on society if he is released. The state court will ponder the defendant’s rights and weigh them against the best interests of the community.