Can a person sentenced to prison be kept in county jail if they have filed an appeal?

Asked on October 4, 2010 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your right to appeal your sentence does not have an impact on your being incarcerated after your conviction and sentencing.  There is no "right" to remain free while your appeal is pending.  There are some instances where you can make an application or argument for bail to be set for release while the appeal is pending.  I would speak with your attorney on that matter.  Courts are not too keen on doing this in certain cases, especially when a person may be considered a "flight risk."  The prosecutor has a right to argue against the request as well. And it is purely under the discretion of the Judge whether or not to grant the request. 

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