If You Are Convicted of a Misdemeanor After a Trial, You Have the Legal Right to Bail as a Matter of Right
Recently a person called our office after he had been found guilty by a jury of a misdemeanor offense. The judge sentenced him to six months in county jail.
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His trial lawyer failed to inform the accused that he had absolute right to “reasonable bail” pending appeal. The judge ordered the accused to begin his jail sentence within 72 hours of when he was sentenced. The accused was wise enough to contact our law firm to ask if there was anything he could do to avoid going to jail.
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We told him that YES, we could help him remain out of jail on bail pending the criminal appeal of his conviction.
In every case where a defendant is found guilty of a misdemeanor offense by a jury or a judge he/she has the absolute right to bail on appeal. The court often times will allow the defendant to remain on the same bail status as was in effect while the case was proceeding. This means if the defendant was released on his own recognizance when first arrested the judge often will allow the defendant to remain free without bail while the appeal is pending.
In a felony case the rules for “bail on appeal” are much different. An accused facing felony charges in California is entitled to reasonable bail (in most cases) while the case is pending. However, if the accused is found guilty of a felony offense then the accused no longer has the legal right to bail upon appeal. The issue of bail becomes discretionary and in the vast majority of felony cases, when a defendant is found guilty after a court or jury trial the defendant is taken into custody on the date the jury returns their verdict.
As you can see, it is critical that you retain a skilled California criminal defense law firm that knows the law and can properly guide you through the complicated criminal justice system. At Wallin and Klarich we have been helping those accused of criminal offenses for almost thirty years fight their case. We know the law and we know how to help you win your case. Please feel free to contact us at 888.280.6839 or go to www.wklaw.com for more vital information about your case.
You have to retain a law firm that knows the law and can protect your legal rights.