Legal Question in Criminal Law in Maryland

if person was wrongfully convicted and the appeall was overturned should the person still be incarcerated.


Asked on 5/17/10, 11:43 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Possibly. Reversal of a conviction on appeal does not end the case. Instead, it returns it to pretrial status. For serious charges, such as murder, rape, or robbery the defendant would likely be incarcerated pretrial, even though he or she had not yet been convicted. Reversal should move a person from prison back to the local detention center, provided that he or she is not serving another sentence.

Regardless, reversal of the conviction presents a change in circumstances, just like the previous judgement of conviction did, and change in circumstances is a basis to reconsider bail. At a bail review hearing the court must consider the risk of flight and the risk to public safety that the defendant poses. For violent charges the risk of both is considered high and consequently, if any bail is set, it too will be high.

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Answered on 5/22/10, 12:07 pm


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