Severn, MD asked in Criminal Law for Maryland

Q: If a person is sentenced to imprisonment following a criminal trial, can he remain free until the appeal is decided.

He was not taken into custody at his first appearance in the court and was released at his own recognizance. He is free ever since and his date to surrender is 90 days away. Fed. Rule of Crim. P. 38(b)(1) says: If the defendant is released pending appeal, the court must stay a sentence of imprisonment.

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: You refer to a "surrender date." That implies that he is going to prison, even while the appeal is being prosecuted. Beyond that, you should discuss this with his lawyer (or better yet, he should discuss this with his lawyer). Did he have private counsel or a PD at trial? Did he take a plea? Did he note an appeal? Does he have a new lawyer to brief the appeal?

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