Jail Time During an Appeal in California: What You Need to Know

If you were recently convicted of a crime or are preparing for trial, you may be wondering how jail time during an appeal in California works. The appeals process can take months or longer to complete, and anyone who is wrongfully convicted of a crime understandably would not want to wait that time out in jail. There are several factors the courts consider when deciding whether to allow a defendant out of jail while their case plays out in an appeal.

Can You Stay Out of Jail While Your Appeal Is Pending?

In some cases, defendants may be eligible for what is known as bail pending appeal. This is a special type of bail status given to defendants who have appealed their verdict. This type of bail is not guaranteed, though, and the courts often consider these factors.

• Whether the defendant was convicted of a serious or non-violent offense
• Whether the defendant possesses any sort of flight risk
• Whether the defendant is a potential danger to the community

A non-violent, first-time offender would likely stand a better chance of being granted bail pending appeal than a repeat offender who committed a subsequent violent crime. Judges must balance the rights of the defendants with the interest of public safety.

Under California Penal Code § 1272.1, anyone convicted of a felony case has additional barriers to securing bail pending a ruling on their appeal. Guidelines under the penal code require judges to consider the crime in question and the defendant’s perceived intention in filing an appeal. While defendants have every right to appeal any verdict, some defendants use the procedure to delay justice.

If a judge grants bail, the defendant will likely be given specific conditions that must be met as a condition of bail. These can include travel restrictions or orders not to contact the victim or their family. Failing to comply with these requirements could result in the bond being revoked while the appeals process plays through.

Time Spend in Custody and Other Considerations

One question defendants may have is whether the time they spend in jail while waiting for an outcome from their appeal counts toward their sentence. In most cases, the courts credit that time toward the total sentence. If the defendant is granted bail only to lose their appeal, they must serve the remainder of their sentence as originally ordered without additional credits for time served.

Defendants who are sentenced to state prison may benefit from good behavior credits that can apply while the appeal is pending. Good behavior credits can help reduce the overall time that a defendant serves if they meet certain institutional behavior requirements. This could reduce the total time the defendant is required to serve.

What Happens If an Appeal Is Successful?

If an appeal leads the appellate court to reverse the conviction, the defendant may be released from custody. If they are out on bail, then no further steps are needed, and the defendant can move forward with their life following a full exoneration.

If a new trial is ordered, the prosecution must decide whether to retry the case, negotiate a plea deal, or drop the charges entirely. In some situations, an appeal may only result in a modification of the sentence, such as a reduced prison term. If the defendant has already served more time than the new sentence requires, they could be released immediately.

FAQs

What Happens If a Conviction Is Overturned on Appeal?

When a conviction is overturned, the appellate court has found a serious legal mistake that affected the trial’s outcome. This can lead to different results. The charges may be dismissed, meaning the case is over. The court may order a new trial, giving the prosecution a chance to retry the case. In some cases, the conviction stands, but the sentence is modified. A reversal does not mean automatic freedom, but it does mean the original trial was flawed.

How Often Are Criminal Appeals Successful in California?

Criminal appeals are challenging, and most convictions are upheld. However, success depends on the strength of the legal arguments. If clear errors, constitutional violations, or improper rulings occurred, the chances of a favorable outcome increase. Each case is unique, and while many appeals are denied, some lead to overturned convictions, new trials, or sentence reductions. An experienced appellate attorney can assess the likelihood of success based on the trial record.

What Factors Affect the Chances of Winning an Appeal?

The strength of the legal arguments is the biggest factor that determines whether a defendant wins an appeal. Appeals focus on legal mistakes, not new evidence, so issues like judicial errors, prosecutorial misconduct, or ineffective counsel can make a strong case. Meeting deadlines and filing a well-structured appellate brief also matter. The appellate court’s interpretation of the law and the specific details of the trial record play a major role in the final decision.

Can a Criminal Sentence Be Reduced Through an Appeal?

Yes, an appeal can sometimes result in a reduced sentence. If the appellate court finds sentencing errors or determines the punishment was excessive, they may modify it. In some cases, a conviction is upheld, but the sentence is lowered to align with legal guidelines. However, appeals do not guarantee a lighter sentence, and each case depends on the specifics of the trial and the appellate court’s ruling.

Schedule Your Bail Pending Appeal Consultation Today

If you were recently convicted of a crime and plan to file an appeal, having legal representation can ensure that your filings are carefully drafted. The trial attorneys at Quinn & Dworakowski, LLP, understand how important your reputation and freedom are.

As we prepare the paperwork for your appeal, we can take steps to request that the court consider releasing you on bail while your appeal plays out. If needed, our legal team can take steps to address any concerns that the court has regarding your flight risk or risk to the general public. To start that process, contact our office today to schedule your consultation.