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The U.S Justice System is complex, and there are so many things that people do not understand. If you or someone close to you has been convicted in a federal crime and currently serving a sentence, one of the legal channels through which one can challenge the conviction is an appeal. In a case where the defendant has already been convicted, many people assume that the defendant must be in prison serving a sentence even as the appeal process goes on. There is a possibility in law that a convicted defendant can get out of jail pending the hearing of the appeal. It is a possibility, but unfortunately, it is not known to many people. It is for such reasons why defendants in a federal criminal case need to hire the services of highly qualified lawyers who understand the legal system and how it works. If you want to get out of jail pending your appeal, they are two things that must be established.
The first thing that you must do is to prove to the court that you are not a danger to the legal process of establishing whether you were involved in the crime committed. You must also prove that you are not in a position to run in case you are released. By legal standards, a defendant is required to give clear and convincing evidence to be released. You must approve beyond reasonable doubt that you’re not in a capacity to hurt anyone involved in your conviction and prove that you have no capacity to run into hiding outside the country. By providing clear and convincing evidence, it means that you must substantiate to the judges that you have no ill intentions after being released. The judges should not be left with any doubt in mind whether you will cause problems once released from jail.
The other thing you must do in order to be released pending an appeal is that you must show there are high chances that you will win the appeal and therefore avoid spending time in prison. You have to show that the conviction was made out of errors that contributed to your conviction. You must show that the judge or jury got their facts wrong and that you are sure that you will win the appeal. The main problem in such a case is created by the fact that you are facing the same court that convicted you in the first place. In fact, you are trying to tell the same judge who convicted you that they made a mistake and you’d did not deserve to spend time in prison. Clearly, it is an issue that is tough to sell to the court.
When you are arguing for release pending your appeal, you must convince the court that you are not only looking for a lesser sentence but aiming at spending no time in prison at all. So, if at conviction you were sentenced to five years in jail, you should not try to show that you deserved three years yet you want to be released pending your appeal. If you can manage to convince the judges that you are winning the appeal, then they have the right to release you from prison until the appeal case is heard and determined.
Trying to move a motion which will see you released from prison pending your appeal can be a difficult task to move in a court of law since you are facing the people who convicted you. However, it is an option in the legal system that can be raised and exploited if you do not want to spend time in prison as you wait for the determination of your appeal. When dealing with such an intricate matter, you need the services of the best legal minds available. You need someone who understands the legal system so well that he can secure your release. Highly qualified federal criminal defense lawyer can assist you to get your freedom as you wait for determination.
The hardest part about such a case is convincing a judge that you deserve to be released pending the hearing of your federal criminal appeal. Proving that the trial court was wrong in the first time is the biggest hurdle. Hiring the services of a knowledgeable attorney will give you the chance of walking out free as you fight for your freedom at the appellate court.
A criminal charge has the possibility of negatively impacting your future and that of your family. So, when you find yourself facing such a case, you need to explore all the possible channels to see that justice is served. You do not want to leave anything to chance that might see you spending many years behind bars for a crime you may not have committed.