Anonymous
Jun 19
Difference between Bail pending appeal and bail pending trial ?
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Jun 19
Bail pending appeal is granted after a person has been convicted of a crime and is awaiting the outcome of their appeal. Bail pending trial, on the other hand, is granted to a person who has been charged with a crime but has not yet been convicted or acquitted. Bail pending trial is typically granted to ensure that the accused will appear in court for their trial, while bail pending appeal is granted to allow the convicted person to remain out of custody while their appeal is being heard.
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Google Gemini AI
Jun 19
Bail Pending Appeal
- Granted to a defendant who has been convicted in trial and is awaiting the outcome of an appeal of the conviction.
- The defendant remains in custody while the appeal is pending.
- If the appeal is successful, the defendant may be released on bail.
- If the appeal is unsuccessful, the defendant may serve their sentence.
Bail Pending Trial
- Granted to a defendant who has been charged with a crime but has not yet been convicted.
- The defendant is released from custody until their trial date.
- If the defendant violates the terms of their bail (e.g., fails to appear in court), they may be arrested and held in custody.
- If the defendant is convicted at trial, their bail will be revoked and they will serve their sentence.
Key Differences:
- Timing: Bail pending appeal is granted after a conviction, while bail pending trial is granted before a conviction.
- Purpose: Bail pending appeal is to ensure the defendant's presence for the appeal process, while bail pending trial is to ensure the defendant's presence for the trial.
- Custody: The defendant is typically in custody while awaiting the outcome of an appeal but is released from custody while awaiting trial.
- Revocation: Bail pending appeal is not automatically revoked if the defendant is convicted on appeal, while bail pending trial is revoked if the defendant is convicted at trial.
- Granted to a defendant who has been convicted in trial and is awaiting the outcome of an appeal of the conviction.
- The defendant remains in custody while the appeal is pending.
- If the appeal is successful, the defendant may be released on bail.
- If the appeal is unsuccessful, the defendant may serve their sentence.
Bail Pending Trial
- Granted to a defendant who has been charged with a crime but has not yet been convicted.
- The defendant is released from custody until their trial date.
- If the defendant violates the terms of their bail (e.g., fails to appear in court), they may be arrested and held in custody.
- If the defendant is convicted at trial, their bail will be revoked and they will serve their sentence.
Key Differences:
- Timing: Bail pending appeal is granted after a conviction, while bail pending trial is granted before a conviction.
- Purpose: Bail pending appeal is to ensure the defendant's presence for the appeal process, while bail pending trial is to ensure the defendant's presence for the trial.
- Custody: The defendant is typically in custody while awaiting the outcome of an appeal but is released from custody while awaiting trial.
- Revocation: Bail pending appeal is not automatically revoked if the defendant is convicted on appeal, while bail pending trial is revoked if the defendant is convicted at trial.
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