Q: What Happens when I file for an Appeal before sentencing?

A: In California, if you are found guilty and wish to appeal, the process of sentencing and potential custody will depend on the specifics of your case and the judge's decision. Generally, sentencing occurs after a guilty verdict, and it's at this point the judge decides whether you'll be taken into custody immediately or allowed to remain free, possibly on bail, until sentencing or further proceedings.

1. Whether you go into custody right after being found guilty depends on the nature of your offense, your criminal history, and the court's assessment of your flight risk or danger to the community. In some cases, the court may allow you to remain out of custody until sentencing, especially if you've been free on bail during the trial. It's wise to prepare for both possibilities, as the decision can be unpredictable.

2. Filing an appeal does not automatically pause the sentencing or execution of the sentence. If you're sentenced to jail time, you might start serving your sentence before the appeal is heard. However, your attorney can request bail or a stay of the sentence pending appeal, which, if granted, would allow you to remain out of custody while the appeal is processed. This decision, again, is at the discretion of the court and is influenced by factors like the likelihood of your appeal succeeding and whether you pose a risk if not in custody.

Working on an appeal from jail can be challenging, but it's not impossible. Legal assistance is available in jail, and you can communicate with your lawyer to build your appeal. It's crucial to discuss these concerns with your attorney as soon as possible, as they can advise on the best course of action and help you navigate the complexities of the appeal process.