Bail bonds are common for those who have recently been arrested. Many people would rather wait at home for their initial hearing and conviction. So, they use a bail bond to get themselves temporarily out of custody.
However, jail time is still a possibility, and there can be a time span between convictions, sentencing, and potential appeals. Is it possible to be granted bail in Collin County at this point in the legal journey? Here’s a look at bail after a conviction and what you need to know about it in Texas.
Post-Conviction Bail is Not a Constitutional Right
According to the Constitution, all people accused of a crime are considered innocent until proven guilty. At the point in time between arrest and conviction, most offenders have the right to pre-trial bail.
However, once a conviction is reached, bail is no longer a supported constitutional right. It is, however, still possible, but is based on state and federal statutes. In these statutes, the decision ultimately lies in the hands of the presiding judge.
What Do Judges Keep in Mind?
If bail post-conviction is requested before sentencing, the judge will make a decision based on the state laws and other considerations. Usually, sentencing follows quickly after a conviction. However, in more complex or serious cases, there could be weeks between a final verdict.
In these instances, if bail is requested, the judge must take these terms into account:
- The severity of the crime
- The defendant’s criminal history
- Whether or not the defendant is a flight risk
Once all of these factors are considered, the judge makes a final decision for bail. Usually, if the conviction could lead to a longer sentence, bail is denied, but there is always the possibility that your clean past could help your case.
How Texas Handles Bail With Pending Appeals
Since the bail laws are different from state to state, here are the basics from the Texas Code of Criminal Procedures.
According to Article 44.04 Bond Pending Appeal:
- “Pending the determination of any motion for a new trial or the appeal from any misdemeanor conviction, the defendant is entitled to be released on reasonable bail.”
- “The defendant may not be released on bail pending the appeal from any felony conviction where the punishment equals or exceeds 10 years confinement.”
- The courts can always deny bail if there is even the suspicion that the defendant won’t show up in court for their conviction.
Skip the Bail Confusion With a Collin County Bail Bond
Although getting a bail bond is possible pending an appeal, you’ll still want that extra time to get your case solidly prepared prior to your initial hearing. No matter the bail amount or crime, Goodfellas Bail Bonds is open 24/7 to help meet your bail needs. If you or a loved one find yourselves in a legal pinch, contact us today to get the bail process started. We’re ready to be your first steps towards freedom.