Post Adjudication Bail

If you were convicted of a crime, can you stay out of jail or prison while the appeal is pending?

Florida law gives the court wide discretion to grant post adjudication bail. After a guilty verdict at trial, the criminal defense attorney might file a motion entitled:

• “Motion for Bail Pending Appellate Review;”
• “Motion for Post-Trial Release Pending Appeal;” or
• “Motion to Set a Supersedeas Bond.”

After a person is sentenced for the commission of any non-capital offense for which bail is not prohibited under Florida Statute Section 903.133, the person may be released, pending review of his or her conviction, at the discretion of either the trial or appellate court.

As a general rule, the court is permitted to hear a motion for post-trial release pending appeal before or after a notice of appeal is filed. The person may not be released from custody until he or she first files a notice of appeal as explained in Fla. R. App. P. 9.140(h).

The original appearance bond may not be continued for an appeal. Instead, the court must determine a new bond to reflect the increased risk and probability of longer time considerations.

If a person is already in custody when a guilty verdict is rendered, the court must remand that person into custody as required by Fla. R. Crim. P. 3.550.

Attorney for Criminal Appeals in Florida

After a conviction at trial, but before sentencing, contact an appellate lawyer at the Sammis Law Firm to file the notice of appeal, and a motion for a post-adjudication bond.

Although the trial attorney might handle the sentencing hearing, the attorney at Sammis Law Firm like to be involved in the case before sentencing. For example, the appellate attorney might also argue the post-adjudication motion for bond after sentencing.

We understand the importance of Section 903.132(1), F.S., which allows, but does not require, a judge to admit you to bail after a felony conviction if you first establish that the appeal is taken:

• in good faith;
• on grounds fairly debatable; and
• not frivolous.

Our offices are located in Tampa in Hillsborough County, New Port Richey in Pasco County, and Clearwater in Pinellas County, FL. We represent clients throughout the greater Tampa Bay area.

The attorneys at Sammis Law Firm are often contacted about criminal appeals and post-conviction matters.

For more information, call 813-250-0500.

Requirements for Maintaining a Bond While the Appeal is Decided

Fla. R. Crim. P. 3.691(d) requires that if a person is released after conviction and pending appeal, the person must:

• duly prosecute their appeal;
• surrender themself n execution of the judgment or sentence if it is affirmed or modified, or if the appeal is dismissed;
• appear in court if the judgment is reversed and the case is remanded for a new trial; and
• not leave the jurisdiction without permission from the court.

If any of those conditions are not met, the prosecutor can file a motion to revoke the appellate bond because of the violation of one of those conditions listed in Fla. R. Crim. P. 3.691(d).

When Bail Pending Appeal is Prohibited in Florida

The court is not permitted to grant bail under the following conditions:

• the person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and such person’s civil rights have not been restored; or
• another felony charges are pending against the person and there has been a finding of probable cause that the person has committed the felony or felonies at the time the request for bail is made.

Under S. 903.133, F.S., no person may be admitted to bail pending review either by posttrial motion or appeal if the person was found guilty of:

• A felony of the first degree for a violation of:
  • Murder under Section 782.04(2)-(3), F.S.;
  • Kidnapping under Section 787.01, F.S.;
  • Sexual battery by a person 18 years of age or older against a victim between 12 and 18 years of
    age under Section 794.011(4), F.S.;
  • Arson under Section 806.01, F.S.;
  • Sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver a controlled
    substance under Section 893.13, F.S.;
  • Trafficking in any controlled substance under Section 893.135, F.S..
  • Sexual battery under Section 794.011(2)-(3), F.S.; or
  • Any other offense requiring sexual offender registration under s. 943.0435(1)(h), F.S., or sexual predator registration under Section 775.21(4), F.S., when, at the time of the offense, the offender was 18 years of age or older and the victim was a minor.

Read more about being released on bail pending appeal.

This article was last updated on Friday, February 6, 2026.