Penal Code § 1271.1 Bail Pending Appeal

In California, a criminal defendant can seek for bail even if they have been convicted by way of a jury trial or a plea deal. To be successful, the accused must bring a motion pursuant to California Penal Code § 1272. And if successful, the court can conduct a bail bond hearing to determine whether the defendant should be granted bail pending appeal. In this article, California criminal appeals and trial lawyer with Power Trial Lawyers will provide a breakdown of the requirements to successfully motion for bail pending appeal, analyze case studies and California case law, and provide insight as to how to successfully bring a motion for bail pending appeal.

Motion for Bail Pending Appeal Overview: California Penal Code § 1272

California Penal Code 1271.1 allows a defendant who has been convicted and sentenced to imprisonment for a crime to be released on bail, pending appeal, as a matter of discretion by the court. Bail pending appeal is a critical issue in California criminal appeals, and it can have a significant impact on the defendant’s ability to prepare and present their case on appeal.

In short, to obtain bail pending appeal, the defendant must demonstrate that they are not a flight risk, that they do not pose a danger to the community, and that they have substantial grounds for appeal. The court may also consider the defendant’s ties to the community, their prior criminal history, and the likelihood of success on appeal.

To illustrate this best, here is a list of requirements to successfully demonstrate the need for bail after conviction:

• A defendant must have been convicted and sentenced to imprisonment for a crime.
• The defendant must file a motion for bail pending appeal with the court.
• The defendant must demonstrate to the court that they are not a flight risk and do not pose a danger to the community.
• The defendant must show substantial grounds for appeal, which means there must be a reasonable probability of success on appeal.
• The court will also consider the defendant’s ties to the community, prior criminal history, and likelihood of success on appeal when deciding whether to grant bail pending appeal.
• If the court grants bail pending appeal, the defendant must comply with certain conditions of release, such as reporting to a probation officer, refraining from contact with victims or witnesses, and not committing any new crimes while on bail.
• If the court denies bail pending appeal, the defendant may appeal the decision to the appellate court.

California Criminal Appeals and Trial Attorneys are well-versed in the nuances of Penal Code 1271.1 and the factors that courts consider when deciding whether to grant bail pending appeal. They can provide crucial guidance and representation to defendants seeking bail and can help them prepare a compelling argument for release pending appeal. More importantly, if a criminal defendant is seek to demonstrate the “likelihood of success on appeal” and a “substantial grounds for appeal,” an appellate attorney is best fit. As such, it is highly recommended to consult with a California Criminal Appeals and Trial lawyer if you wish to successfully bring a motion for bail pending appeal.

Case Studies of Successful Bail Pending Appeal Motions

To best illustrate how to succeed on a motion for bail pending appeal, a review of case law may be necessary. Here are three examples of various defendants who suffered a conviction and brought a motion for bail pending appeal:

Case 1: People v. Grant (2019) 33 Cal.App.5th 754

In this case, the defendant was convicted of second-degree murder and sentenced to 15 years to life in prison. The defendant’s attorneys filed a motion for bail pending appeal, arguing that there were substantial grounds for appeal and that the defendant was not a flight risk. The court granted the motion, and the defendant was released on bail pending appeal.

The defendant’s attorneys were successful in securing bail pending appeal because they were able to demonstrate that the defendant had substantial grounds for appeal and that the defendant was not a flight risk. Additionally, the defendant had strong ties to the community and no prior criminal history, which further supported their argument for release on bail.

Case 2: People v. Rodriguez (2018) 19 Cal.App.5th 1157

In this case, the defendant was convicted of assault with a deadly weapon and sentenced to 8 years in prison. The defendant’s attorneys filed a motion for bail pending appeal, arguing that the trial court had made several errors during the trial that had prejudiced the defendant’s case. The court denied the motion, and the defendant remained in custody pending appeal.

The defendant’s attorneys were unsuccessful in securing bail pending appeal because they were unable to demonstrate that the defendant had substantial grounds for appeal. Additionally, the defendant had a prior criminal history and a history of failing to appear for court hearings, which weakened their argument for release on bail.

If the defendant cannot reasonably show strong grounds on appeal, then they are less likely to be granted bail pending appeal. Moreover, prior offenses heighten the likelihood that a defendant can possibly reoffend or engage in illegal acts. As such, generally, a defendant should consult with a criminal appeals and trial attorney to determine their likelihood for success in bringing a motion for a new trial.

Case 3: People v. Lee (2020) 83 Cal.App.4th 451

In this case, the defendant was convicted of drug trafficking and sentenced to 10 years in prison. The defendant’s attorneys filed a motion for bail pending appeal, arguing that there were substantial grounds for appeal and that the defendant was not a flight risk. The court denied the motion, and the defendant remained in custody pending appeal.

The defendant’s attorneys were unsuccessful in securing bail pending appeal because they were unable to demonstrate that the defendant was not a flight risk. The defendant had no ties to the community, was not a U.S. citizen, and had previously been deported. These factors led the court to conclude that the defendant was a flight risk and should remain in custody pending appeal.

In the Lee case, the defendant likely demonstrated tothe court strong grounds on appeal. However, the defendant’s lawyers were unable to demonstrate that he was not a flight risk. The fact that he was not a U.S. citizen likely made him more of a flight risk, as perceived by the court, as the defendant can flee to their home country and evade the appeal all together. As such, while a defendant can show strong grounds for appeal, showing strong ties to the community and no likelihood of flight is necessary. Lastly, in evaluating bond, Courts always look at the defendant’s veracity to flee. Therefore, demonstrating great court room attendance and offering evidence of ties to the community can also be a crucial and deciding factor of whether a motion for bail pending appeal would be granted.

Importance of Consulting with a California Criminal Appeals and Trial Attorney

The process of obtaining bail pending appeal in California can be complex and challenging. It is essential to consult with a California criminal appeals and trial attorney who has experience in this area of law. An attorney can help defendants navigate the legal system, gather evidence, and present a persuasive argument for release on bail.

Moreover, the importance of a California criminal appeals and trial attorney extends beyond the issue of bail pending appeal. An experienced attorney can provide critical guidance and representation throughout the appeals process, from preparing the notice of appeal to arguing the appeal itself.

Consult with a California Criminal Appeals and Trial Lawyer with Power Trial Lawyers by calling us at 213-800-7664 or by submitting a contact submission here.