Legal Question in Criminal Law in California

release from custody during appeal?

If your sentenced to county jail for a felony conviction and the appeals court accepts the appeal for a hearing will they let you out of custody while the appeal is going on?


Asked on 9/21/03, 9:09 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: release from custody during appeal?

No.

Also, your question suggests that you think the Court only grants hearings in cases that look stronger for the appellant, but that is not how it works. The Court of Appeal grants hearings in every appeal provided that the filing was timely and the necessary papers were filed.

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Answered on 9/21/03, 3:03 pm


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