My husband is under the impression that if he gets a re-trial/appeal that he can bail out until the new trial.
Does anyone know if this is true or has heard of this before? I am a little bit skeptical...you'd think that just about everyone would be doing it if that were the case.
:cool:

What do y'all think?!

Bail is a possibility. With a reversal, your husband is back to innocent "before proven guilty" status. There are a couple of factors at play. Was he on bail before the trial? What the trial overturned on a technicality or evidentiary isses? How does the judge view him and is he a reasonable judge or difficult one? I am sure there are more things i don't know about.

Finally, if he got it, could you afford it? Brenda


My husband is under the impression that if he gets a re-trial/appeal that he can bail out until the new trial.
Does anyone know if this is true or has heard of this before? I am a little bit skeptical...you'd think that just about everyone would be doing it if that were the case.
:cool:

What do y'all think?!

It's not unheard of but it is a long shot, at least here in NY. Here, it is called a "stay of judgement." We are working on this issue too.

Thanks ladies.

Bellisq ~ He was out on bail for two years before his case went to trial. I think the judge is a difficult one. The judge had said he read the prelim but obviously didn't because there were facts which totally contradicted the police report and he never picked up on it. He wasn't too happy with my husband in general.

I myself, can't afford the bail but perhaps his parents could. They put up the $70,000. the first time.:rolleyes:

Seems like there is no harm in having his atty ask, if there resources are there.

Thanks ladies.

Bellisq ~ He was out on bail for two years before his case went to trial. I think the judge is a difficult one. The judge had said he read the prelim but obviously didn't because there were facts which totally contradicted the police report and he never picked up on it. He wasn't too happy with my husband in general.

I myself, can't afford the bail but perhaps his parents could. They put up the $70,000. the first time.:rolleyes:

No, not everyone can get out on bond after having been convicted of a felony. Some of them can, however, but it depends upon WHY bond was not allowed to begin with! Each case has to be judged individually.
We're working on that one too and the attorneys feel rather confident that they can get the conviction reversed, or at least get a new trial and get him out on bond. However, we need a 'reasonable' bond! The trial judge set it originally at 4 million dollars because he was prejudiced and didn't want Doc to get out! We appealed that one and judge then reduced it to 2.5 million! He knew we couldn't do that one too! The same trial judge let others with the same charge out on reasonable bond and that is one argument that will be used - along with lots of other arguments. Oral argument is scheduled for August so maybe by September or October we will know more.