Bail Pending Appeal (Part 1)

by | Jan 24, 2016 | Appeals, Blog, Criminal Law, Legal Procedures

Prison-bound defendants generally fall into two categories. The first category involves those who are convicted of a first or second degree crime. The second category deals with those whose prior records are bad and are therefore not amenable to probationary sentences, even though probation could otherwise be imposed for a third or fourth degree crime.

While there is a right to appeal the various issues that were decided by the trial court, that right often rings hollow when a relatively short prison sentence is handed down. For example, a defendant will usually have to serve a minimum of six months in the state prison sentence before being considered for parole. Because appellate courts have finite resources they almost never decide a case on appeal within six months of a defendant’s sentence. Therefore, even a meritorious appeal on a relatively short prison sentence will not be decided until a defendant has already served their time. While the vacation of a conviction could still help a defendant by way of erasing a criminal record, i.e. it can improve future employment prospects and remove the related collateral consequences of being a convicted felon, the time unjustly served I prison can never be returned.

The exception to this unfortunate reality is that bail pending appeal can be granted by the trial or appellate court. However, the defendant is first required to demonstrate that allowing them to post bail while their appeal is decided does not endanger anyone’s safety.

Additionally, they must demonstrate that the appeal “presents numerous substantial questions.” The dynamic here is that the defense is essentially asking the trial judge to concede that there is a good chance that he or she erred in their decision on a particular issue or issues. Trial courts usually loathe to do this, especially after protracted litigation. And protracted litigation is usually the only kind of litigation that produces issues for appeal. That is because unless there is a full trial, the only issues that are automatically preserved for appeal are (1) motions to suppress physical evidence and (2) denials from the pre-trial intervention and drug court programs. Still, there are rare cases where judges are willing to grant bail pending appeal, especially when novel issues that have never been decided in New Jersey are at stake.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred has helped me on two different occasions with his legal practice and is a top notch attorney. He also gives great advice as a person to go with his legal expertise. Highly recommend anyone looking for an attorney to contact Fred!
Connor W
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very knowledgeable and effective attorney. His knowledge of the law enables him to understand your issue, plan a strategy to address it and explain the strategy to you. He also possesses excellent communication skills that assist him interactions with other attorneys and judges.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
Great lawyer. Got the best results for me. Very responsive!
Kathleen S
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr.Sisto helped me with my registration recently and it was a success. He was not only professional, but he answered in a timely matter and was very detail-oriented. He made sure my issue was resolved as fast as he could. I highly recommend Mr.Sisto to anyone who is experiencing legal issues.
Daniella T
Google star 1Google star 2Google star 3Google star 4Google star 5
I would highly recommend Frederick Sisto to anyone seeking legal representation that is fair, honest and will keep your best interest forefront. should the situation arise, i would not hesitate to seek representation from Frederick Sisto again.
Rmean
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
I highly recommend Fred. He is very knowledgeable and will look out for your interest. I am happy with the outcome of my case. I hope I don’t have to use his services again but if I did I will definitely use him again. He also has a great personality and is very personable. That’s always a plus!
Mohammad J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely knowledgeable and so helpful. I would recommend him to anyone. He really goes above and beyond. He cares about his work and his clients.
Kevin M
Google star 1Google star 2Google star 3Google star 4Google star 5
I had occasion to speak with Fred regarding one of my employees who was dealing with an extended revocation. Fred gave me several suggestions which I passed on along with his name and number. I think he used him and he is now back driving. Fred was very professional and responsive even though I wasn't a client.
Dave P