Legal Dictionary

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Appeal Bond

In a criminal matter, an Appeal Bond works like a Bail Bond, which is available to a defendant prior to trial, guaranteeing his appearance for court hearings and trial. In the case of an Appeal Bond, the defendant is guaranteeing that he will surrender following an unsuccessful appeal to submit to the penalty to which he was originally sentenced. An Appeal Bond is really only necessary if the judge decides that it is appropriate to release the defendant from jail during the appeal process.

In California, the defendant must be able to show, by clear and convincing evidence that he will not flee, he is not a danger to others and that a substantial legal question will be raised on appeal. The judge sets the Appeal Bond amount. If the defendant has entered a guilty or no contest plea, being released on bail pending appeal is unlikely. In civil actions, an Appeal Bond guarantees payment of the original judgment against the plaintiff and the costs of appeal of a court. Click here for more information on Appeals.