Criminal Law Questions? Ask a Criminal Lawyer.
Hello. I will help you with your questions. I have been an attorney for 26 years.
I need to know what state the appeal was made in and what court? Also, are you asking if a motion can be made requesting that the surrender be stayed pending the appeal?
OK, just to be clear, the prosecutor in Florida decided not to prosecute 3 months ago and is now bringing charges? Are you appealing because they are now bringing charges?
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.
Generally, an appeal does not stay surrender after the the defendant had been sentenced, unless, in some very rare circumstances the judge would allow it to be stayed pending an appeal decision.
I wish you the best of luck!
Thank you for your follow up.
Was the defendant tried,convicted and sentenced by the court?
Unfortunately, my original answer stands.
If the defendant is convicted and sentenced, generally, the convicted person has to surrender to serve his/her sentence even if an appeal is filed.