Can I Get Out Of Jail While My Federal Criminal Appeal Is Pending?
Any kind of accusation of criminal behavior can have massive consequences. Someone may be facing all sorts of potentially serious issues including fines and possible time behind bars. Being sent to a jail or a prison can be terrifying. People who are in prison or jail face the loss of their freedom. They also face the possibility of being unable to return to a job, care for a child, being separated from a partner and being unable to meet their financial obligations. For many people who are accused of a crime, the goal is to get out any kind of prison or jail as soon as they can.
Jail and prison are entirely different places. Anyone is involved in the legal system in some way should understand the differences between the two. Jail is generally reserved for people who may be charged with relatively minor crimes. Prison, on the other hand, is typically reserved for people who are serving longer sentences. A person may be placed in a jail cell if they meet certain conditions. It is possible to get out of jail.
Several Types of Convictions
A person may be sent to jail if they have been convicted a crime. Being convicted, however, is not entirely the same as being found guilty. People who have been convicted often have the right to appeal their conviction to a higher court. They have the right to ask another group of elected officials to hear their case and see if any errors were made. There are many foundations for an appeal including inadequate representation and bias by the judge or jury. Many people who have a guilty verdict may not be immediately sent to jail. They may be allowed to stay outside while their case is being heard. Others, however, may be sent to prison and be forced to file their case while in prison. For people behind bars, the question of being allowed to leave jail while their case is being appealed loomed large. There are circumstances in which it is possible to have their care heard and be allowed out of holding.
Not a Danger
Anyone seeking to leave jail while a case is being appealed must be able to convey to officials that they will not harm people. This means indicating that they are not violent nor are they likely to engage in any harm against another person such as stealing their identity. They also need to prove to officials that they will not leave. This means they are willing to accept the verdict of the court and will not head to another country where they cannot be deported. All defendants must provide what is known as clear and convincing evidence to indicate that is likely they will meet such criteria.
The other task that any person needs to prove is to convince the person hearing the appeal that they are likely to win the case on appeal. The defendant must be able to illustrate the evidence used to send them to jail is clearly obvious that the appeal will ultimately result in their freedom and their conviction being overturned. A defendant must be able to point out where the prior courts erred in convicting them. If the judge is satisfied with the evidence, it is possible for the defendant to be freed from jail as soon as the judge rules in their favor.
This is why it is crucial to have great representation during this time. From jail, a defendant will find it very hard to get access to the evidence they need in order to overcome such issues and get the case resolved in their favor. A lawyer can examine transcripts, interview witnesses and create a legal case for appeal. They can get their clients out of jail until the verdict is overturned and the defendant ultimately set free without a guilty conviction. This is why it is imperative to have the ideal legal help at anyone’s side as this process continues. Even a month in jail can lead to severe disruptions with a person’s life. The sooner they get out of jail, the sooner they can repair such problems.