Appeals process

NicksDad1970 · #1 08-29-2007, 01:20 PM

I live in Memphis and we have (had) a senator that was convicted of taking a bribe. He was sentenced to 66 months in prison. Everyone says he'll appeal and more than likely not have to go to jail until after the appeals process.

Could someone with knowledge tell me why some people are convicted of crimes and go straight to jail while they're appealing but others just go about their lives while they go back to court.

otnemem · #2 08-29-2007, 01:34 PM

I know nothing about the legal system, but this seems odd. My friend successfully appealed a DUI conviction, but he still lost his license and had to pay the fine until his decision was overruled.

NicksDad1970 · #3 08-29-2007, 01:41 PM

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I know nothing about the legal system, but this seems odd. My friend successfully appealed a DUI conviction, but he still lost his license and had to pay the fine until his decision was overruled.

[/ QUOTE ]

Many people's first thoughts will be that it's because he's a high profile person. But I remember a police officer here in Memphis that got busted on some drug deal was allowed to wait like 6 months until he reported to jail. He didn't even appeal. He was just simply told to report at a later date.

Wynton · #4 08-29-2007, 01:47 PM

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Could someone with knowledge tell me why some people are convicted of crimes and go straight to jail while they're appealing but others just go about their lives while they go back to court.

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For most crimes - in most jurisdictions - the person who has been convicted may ask a court for bail pending the appeal, just as they may ask for bail during the trial.

But it is more difficult to obtain bail pending appeal. Basically, the defendant has to show: (1) there are meritorious issues to raise on the appeal; and (2) he is not a flight risk, notwithstanding his conviction. These standards vary somewhat depending on the jurisdiction, but that's the basics.

onoble · #5 08-29-2007, 01:48 PM

After conviction its up to the judge. It's similar situation (though not entirely) to how bond is decided. In some cases a judge will allow a convicted defendant out with no bond, with some or will make them go straight to jail.