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.
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.
You cannot bail out anyone who has been sentenced to prison. Bail is only for pre-sentencing proceedings. Once sentenced to incarceration bail is revoked, and the defendant is taken into custody.
Judges determine bail and exercise discretion in determining the appropriate bail. They consider the accused's rights and the community's safety. This decision directly impacts the accused's ability to prepare for his/her defense and navigate the legal system from a position of freedom.
The amount of bail required depends on the severity of the crime, as well as enhancements such as using a firearm during the alleged crime, having a prison prior within the last ten years and prior sex offenses when the crime at issue is another sex offense. Bail also varies by county.
A judge is guided in setting bail by considering the public's safety if an individual is released on bail. Defendant's threats to a witness, for example, may be considered on this issue.
More videos on YouTube The defendant's flight risk. The defendant's criminal history. The severity of the alleged crime. The defendant's ties to the community. The defendant's employment status and financial resources. The defendant's mental health and substance abuse history. The defendant's family situation.