John W. Tumelty Logo



Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

View More Criminal Defense ResultsView More DWI Defense Results Free Consultation

Can You Get Bail While Awaiting Appeal?

Bail is basically a temporary release of someone awaiting their trial and usually comes with the condition that a sum of money be submitted in order to ensure the person’s appearance in court. Bail is more or less considered a general right for those accused of a crime.

If you are able to post bail, then you are allowed to stay out of custody while your case is pending. In some instances, you could already have been convicted and sentenced but be allowed out on bail while you appeal your convictions.

When it comes to post-conviction bail, it is the individual laws of each state that dictate the circumstances that will allow you to be out on bail while awaiting appeal.

Contributing Factors

In states that allow you to post bail after receiving a prison sentence, the trial judge has the power to determine whether or not to set bail and how high to make it. Many things factor into this type of decision.

For instance, if you committed a serious crime or a violent crime like rape or murder, you will not be allowed bail in most states. The same goes for if you were given a lengthy sentence. This is because the courts feel defendants convicted of serious crimes and those facing long jail sentences are more likely to skip town if released on bail, instead of face their sentence.

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.

When looking at bail for those already convicted, factors include seriousness of the crime, criminal history, if you failed to appear for court hearings in the past and your ties to the community. Those who pose a risk to the public will have a difficult time convincing the judge they deserve bail.

Consult an Experienced Criminal Defense Attorney

If you are facing conviction of a crime then you need to consult an experienced criminal defense attorney

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

Free Consultation

"*" indicates required fields