People ask from time to time, do I have to go to prison while my direct criminal appeal is pending? Shockingly, the answer is “not necessarily, it depends,” but many practitioners don’t know that their clients qualify for an “appellate bond” or how to ask for an “appellate bond” pending the appeal. Rule 3.691 applies only to direct criminal appeals because civil appellate bonds are something entirely different.
Pursuant to Fla. R. Crim. P. 3.691(a) and Younghans v. State, 90. So.2d 308 (Fla. 1956), the decision to release a person pending an appeal is entirely within the sound discretion of the court to set a supersedes bond. There is no statutory calculus or formula for setting this specific bond and the court may, in its decision, look at several factors: (1) whether the defendant has ever been convicted of a previous felony; (2) the habits of the individual as to respect for the law; (3) his local attachments to the community, by way of family ties, businesses, or investments; (4) the severity of the punishment imposed for the offense; and (5) any other circumstances relevant to the question of whether the person would be tempted to remove himself from the jurisdiction of the court. If the defendant has a prior felony conviction, he or she is ineligible for an appellate bond (and you cannot ask for one (even if you or your attorney thinks you have a really good issue for appeal)).
To obtain an appellate bond, the attorney has to file a motion with the court. In turn, the court must conduct an evidentiary hearing. At the hearing, the attorney has to put evidence on to satisfy the above criteria. If the court grants the motion, the defendant is released on bond like any one on pretrial release. If the court denies the motion, then the defendant can seek review with the appellate court. The trial court must strictly follow the criteria in the Younghans case.
If you or a loved one is appealing or about to appeal a felony conviction, then please feel free to contact me. I am a three-time board certified criminal trial attorney in Florida. I have filed and successfully argued for appellate bonds in my career. I might be able to assist.
Anthony Candela is a Board-Certified attorney. He opened the Candela Law Firm, P.A. in 2014 and handles primarily criminal trials and appeals. He received his J.D. from Duquesne University School of Law in 2000 and his B.A. in Political Science from King’s College in 1996. He was board certified by the Florida Bar in Criminal Trial from 2008 through 2023. He is also admitted to the Middle District of Florida and the Eleventh Circuit Court of Appeal. #candelalawfirm #agoodtampadefenselawyer
Call Anthony Candela at (813) 417-3645 24/7/365 for a free consultation or visit on the web www.candelalawfirm.com for further information.
The purpose of this blog is purely education/information and should not viewed as creating any attorney-client privilege between the reader and author.
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