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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16580
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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If Sentence has been given A appeal has been filed can there

Customer Question

If Sentence has been given A appeal has been filed can there be a stay from the surrender Date
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

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?

Customer: replied 1 year ago.
Hello ,
State was Florida was 1st case was in State Court After a Year Noelle Pros see was called in open Court Then it went to Middle District Florida Re Charged 3mths later
Customer: replied 1 year ago.
Appeal has Been Filed March 02 But Surrender is 25th
Customer: replied 1 year ago.
Want to get a stay on Surrender Date I Just Received Letter 2 Days ago
Expert:  Colleen Grady replied 1 year ago.

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?

Customer: replied 1 year ago.
I was 1st Charged June 2014 Then Recharged in Fed Court 2015
Expert:  Alex J. Esq. replied 1 year ago.

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!

Customer: replied 1 year ago.
June 2014 was Charged When I would not take Plea Deal case was Dropped Then He Contacted His Friend a Fed to Have Me Re Charged July 2015
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Was the defendant tried,convicted and sentenced by the court?

Customer: replied 1 year ago.
on a Bogus charge of wrong address on a Fire arm Form I Just found out appeal was filed Thank You
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

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.

I wish you the best of luck!