View Full Version : Appeal bail


haswtch
01-08-2005, 08:50 AM
I know such a thing exists. Does anybody know any more about it than that? I also realize it is probably a longshot, but I have to find out more :confused:

deb
01-08-2005, 09:28 AM
Try looking up "appeal bond." There is such a thing and it can even be $0... It is up to the Appeal Judge and the attorney has to file or verbally request it depending on which level court ytou're in... Some levels do not even allow it and some do...

Deb

haswtch
01-08-2005, 09:39 AM
thanks Deb...so it has to be the same judge (or panel) that the appeal is in front of? He's under the impression it could be a different judge

deb
01-08-2005, 10:09 AM
To my knowledge it has to be the same judge, but I DO know that at some appeal levels the ORIGINAL sentencing judge can grant appeal bonds if they're allowed... At some level of appeals it's an automatic out once they find in your favor... 'Course it takes time for the DOC to "process" him so he has to go back there (if a hearing was held and he was there) or wait til he's "processed out" so you can pick him up... Been there and done that! Of course, I'm talking about Michigan and maybe each state is different????

Deb

haswtch
01-08-2005, 12:29 PM
hmmmm thanks deb. I do recall you guys have been caught up appeal stuff to the point where you must feel like human volleyballs! I wonder, if I keep working on the DA's conscience such as it is...the judge is in his pocket, and has none...it's just so horrible; he's been in there for 2 1/2 now for trying to hit a state trooper and MISSING...which I am morally sure never actually happened, but if it HAD happened, it still seems to me like enough is enough. Ten years might have been almost appropriate if he had actually HIT a cop, but for the swing and miss story? But I know inanity and actual innocence don't cut much if any ice with the Grand and Glorious System.
god, it's sleeting like hell here and I miss him so.

Nemesis
01-08-2005, 02:59 PM
Hi, the term for it is supersedeas bond. You need to ask your attorney to file for it when the appeal is first filed. If you do an internet search using those specifics for your state you should find more info. Judges dont grant them too often.

haswtch
01-08-2005, 06:19 PM
Thank you Nemesis. They are still in the process of putting the record together for appeal so maybe it's not too late to at least try.

suzanne1122
01-09-2005, 07:28 AM
Been there, done that. We are now before the NJ supreme court asking for bail pending appeal, but the chances of that are even slimer than being before the appelate court! Sad thing is we've had judges look it over and say it should have been granted cuz the grounds for appeal are so strong, but generally, they just shot them down. Luckily, our appeal process is starting on Feb. 4th. so hold on, it's gonna be a bumpy ride!
Suzanne