Even if you have been sentenced for a crime, you may be able to post bail and get out of custody during the course of your appeal. Post-conviction bail is not available in all states because it is not a constitutional right.
Post-conviction bail is usually not available after convictions of serious or violent crimes, but some jurisdictions allow post-conviction bail when a defendant's sentence is shorter than the amount of time that it would likely take to resolve the appeal.
Before giving us a call, make sure you have the following information handy: The full name of the person who was arrested. Where is the person being held for custody (you should include the name of jail, city, and county) The person's booking number.
Massachusetts does not have bail bondsmen, so whoever is going to post the bail will have to come up with the entire amount. Sometimes this takes a matter of days, or longer, during which the defendant will be held at the county jail.
In some cases, a defendant is permitted to remain on bail after a conviction while awaiting final sentencing. Indeed, a court may even set an ``appeal bond'' after conviction and sentencing, wherein a defendant can remain in the community during an appeal.
If the conviction is for a minor crime or the sentence is a relatively short one, there is a greater chance you will receive bail. Most jurisdictions weigh this decision by determining if your jail sentence is shorter than the time it would take to resolve the appeal. If so, you will likely have bail be available.
A judge has the power to alter a sentence before the sentence has been entered into the minutes and before the defendant has begun serving the sentence. Once a sentence has been entered, then the judge must rely on some specific statute to modify a sentence.
In some cases, a defendant is permitted to remain on bail after a conviction while awaiting final sentencing. Indeed, a court may even set an ``appeal bond'' after conviction and sentencing, wherein a defendant can remain in the community during an appeal.