Florida Criminal Appeals and Post-Conviction
Former Prosecutor with 26 Years of Experience
Appeals Lawyer
Former Prosecutor with 26 Years of Experience
Appeals Lawyer

Can I get a bond after being convicted, but before I am sentenced?

Yes, a trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing. Florida Rule of Criminal Procedure 3.550 expressly allows this: “If the defendant is at large on bail, the defendant may be taken into custody and committed to the proper official or remain at liberty on the same or additional bail as the court may direct.” After conviction, release on bond pending sentencing is not a matter of right but is discretionary with the court. The Kraft v. State, 156 So.3d 1116 (Fla. 4th DCA 2015) case recognizes that this is allowed. This is different than seeking bail on appeal, which has a much higher standard.

Can I get an appeals bond for a sexual offense involving a minor?

Florida Statute 903.133 sets forth the offenses which makes a defendant ineligible for an appeal bond, also known as a supersedeas bond. In 2020, the legislature made it stricter and prohibited convicted defendants from obtaining an appeal bond if 1) the offense required sexual offender or predator registration; and 2) the offender was over 18 and the victim was a minor. So there is no bond on appeal for those charged with lewd molestation, lewd conduct, or lewd battery offenses involving a minor if the offender is an adult.

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