Wichita Bail Bonds Blog

In some cases, you can be released on bail even after a conviction, but it depends on the crime, the sentence, and whether you are appealing the verdict. Post-conviction bail, often called an “appeal bond,” allows a defendant to stay out of jail while waiting for an appeal to be resolved.

Understanding Post-Conviction Bail

After a conviction, the presumption of innocence no longer applies. Yet, judges may still grant bail if there are valid reasons to believe the appeal raises serious legal issues or that the defendant does not pose a flight risk. The purpose of this type of bail is to prevent unnecessary imprisonment if the conviction is later overturned.

Who Qualifies For Bail After Conviction

Post-conviction bail is not available to everyone. It is usually limited to defendants convicted of nonviolent crimes or those with strong ties to their community.

• The seriousness of the crime and the sentence imposed.
• The likelihood of success on appeal.
• The defendant’s criminal history and behavior during the trial.
• The risk of flight or danger to the public.

When Bail Is Not Allowed

Defendants convicted of violent felonies, sexual assault, or serious drug offenses are rarely granted post-conviction bail. Courts are especially cautious in these cases because the sentence has already been handed down, and public safety is a priority.

How Appeal Bonds Work

If bail is granted after conviction, the defendant or their attorney must file a motion for an appeal bond. The court may require payment of the full bail amount, a surety bond, or additional conditions such as travel restrictions or check-ins. If the defendant loses the appeal, they must surrender to serve the sentence immediately.

Why Some Defendants Seek Post-Conviction Bail

For many, staying out of custody during an appeal allows them to work, care for family, or assist in their defense. It can also help defendants maintain stability and prepare for potential resentencing or retrial. Nevertheless, if the appeal fails, all bail conditions end, and the sentence begins right away.