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Can You Bail Out While Appealing Your DUI?

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If you have been convicted of a DUI, you have the right to appeal the verdict. You might appeal because of an error by investigators, corruption, or manipulation, or simply because you didn't have access to the evidence you needed to defend yourself properly.

Regardless of why you want to appeal your conviction, you might wonder if you have the right to bail as you await a second trial. The answer is not always clear cut, but bailing out could very well be a possibility for you. Bailing out is a great way to work on your case alongside your DUI attorney.

State Laws Vary Wildly About Bail Post DUI Conviction

The first thing you need to know is that you do not have the same right to bail during the appeal process that you do when you are awaiting your initial criminal trial. Each state has their own rules regarding who may bail out of jail while awaiting an appeal.

Keep in mind that some states do not allow for post-conviction bail. Others will allow judicial discretion regarding the matter. This is something you need to talk to your criminal defense attorney about.

Post-Conviction Bail Is Set By a Judge

In cases where bail is available, you might wonder what factors the judge will consider in setting the amount. The judge will consider the crime you were convicted of as well as the sentence you are facing. If you are convicted of a serious crime that is violent or comes with a high chance of re-offense, you may learn that bail is much higher or even not possible to set.

You can also help your case by making a strong argument for why you need to be out of jail or prison while waiting. This is often possible when you are convicted of a misdemeanor and would be spending less than one year in jail. Need help making this case? Your DUI attorney can help you establish a strong case for why you need time out of jail or prison to build your DUI defense.

An Attorney Can Help You Get Post-Conviction Bail

If you can bail out of jail while awaiting your second DUI trial, you might feel as if the jail is unfairly high. You have the option to appeal bail as well, but it may be more difficult to do this after your conviction.

Do you want to bail yourself or somebody out of jail while you wait for appeal on a DUI case? Talk to your DUI Lawyer. You may have more rights than you think.