Can I Ask to be Released From Jail While My Appeal is Pending?

Yes. Wisconsin law provides that, under certain circumstances, defendants convicted of both felony and misdemeanor offenses may be released on bond pending the results of their appeal. According to Wisconsin Statute § 809.3:

[quote](3) Release may be granted if the court finds that:

(a) There is no substantial risk the appellant will not appear to answer the judgment following the conclusion of postconviction proceedings;

(b) The defendant is not likely to commit a serious crime, intimidate witnesses, or otherwise interfere with the administration of justice;

(c) The defendant will promptly prosecute post-conviction proceedings; and

(d) The post-conviction proceedings are not taken for purposes of delay[/quote]

In order to request release, a defendant must file a motion which demonstrates to the court that their character and circumstances meet the statutory criteria listed above. The defendant must file this document with the trial court, and serve a copy on the District Attorney.

Once the appropriate paperwork has been filed, the trial court will hold a hearing on the motion. Typically, the trial court will either grant or deny the motion at the hearing. In making its ruling, Wisconsin law allows the trial court to consider the “nature of the crime, length of the sentence, and other [relevant] factors.” Wis. Stat. § 809.31(4). If the court grants release, the defendant will be required to post bond, as well as adhere to any restrictions set by the court.

The Wisconsin Public Defenders Office offers a free blank Motion for Release Pending Appeal online. For assistance in drafting and filing a motion for release pending appeal, contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).

Leave a Reply

Your email address will not be published. Required fields are marked *