Is it Possible to be Released on Bond Pending Appeal?

Yes. It is possible.

Florida Rule of Criminal Procedure 3.691, Post-Trial Release, outlines the conditions under which a court may consider releasing a defendant on bond after conviction until the appeal is over.

Just because the court can consider releasing a defendant on bond after conviction does not mean that the trial court will do so: the judge has discretion.

Rule 3.691(a) provides that post-trial release may be authorized if:

  1. The conviction is not for a capital crime, and
  2. The defendant has no prior felonies, and
  3. The appeal is pending, taken in good faith, on grounds fairly debatable, and not frivolous.

If these requirements are met, in deciding whether to grant the defendant conditions for release the court may consider:

  1. The habits of the individual as to respect for the law,
  2. The individual’s attachments to the community, by way of family ties, business, or investments,
  3. The serverity of the punishment imposed for the offense, and any other circumstances relevant to the question of whether the person would be tempted to leave the jurisdiction of the court, and
  4. In cases where the term of imprisonment imposed is short, the trial court may also consider whether the denial of bond would make the right to appeal meaningless since the defendant would likely be released before the appeal could be resolved.

 

 

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