Wichita Bail Bonds Blog

Once a person has been sentenced, bail is no longer available. Bail only applies before conviction, when the purpose is to guarantee that the defendant appears in court while awaiting trial. After sentencing, the case has already reached its legal conclusion, and the defendant must begin serving their sentence unless the court grants a specific exception.

Why Bail Ends After Sentencing

Bail is a pretrial condition, not a post-sentencing privilege. When the court issues a sentence, the person is no longer presumed innocent. They are now under the court’s jurisdiction to serve the punishment ordered by the judge. This means that once the sentence is handed down, there is no longer a right to post bail for release.

When Post-Sentencing Release Is Possible

• Appeal bond – In some cases, a defendant who appeals a conviction can request an appeal bond. This allows them to remain free while the appeal is pending. Appeal bonds are not guaranteed and are typically allowed only for lower-level offenses, not violent crimes or repeat offenders.
• Stay of execution – A judge may grant a temporary stay (pause) in carrying out the sentence to give the defense time to file an appeal or motion. During this time, the defendant might remain free under limited conditions.
• Work release or probation program – Certain misdemeanor sentences or local jail sentences can include work release, house arrest, or probation alternatives, which allow limited movement under supervision but are not the same as bail.

Situations Where Bail No Longer Applies

• If the defendant is sentenced to jail or prison, bail is automatically revoked.
• If the person has already been convicted and sentenced, posting bail is not possible for that same charge.
• If the individual fails to appear for sentencing, a new warrant is issued, and any prior bond is forfeited.

Steps You Can Take

• If the person plans to appeal, their attorney can file a motion requesting an appeal bond, which the judge must approve.
• If the case involves probation or a suspended sentence, the lawyer can ask for modified conditions or delayed reporting dates.
• Always act quickly, because once the individual is transferred to state custody, options for temporary release are limited.

You cannot bail someone out of jail after they have been sentenced, since bail only applies before conviction. The only exceptions involve special court-approved releases, such as appeal bonds or temporary stays. After sentencing, the person must serve their sentence unless the court grants a lawful form of release through an appeal or probation-related program.