Phil Spector Appeal Question

[HiFi]

Excuse my ignorance as I'm not familiar with the appeal process. Can Phil Spector be out on bail once his lawyer files appeal papers? If so, who decides if he is allowed out on bail, the original judge? If so, this doesn't make sense to me as the original judge's handling is being questioned. Can someone please let me know in general the process of an appeal in terms of time and letting the defendent out on bail. Thank you

 

[FlyingRon]

It's at the discretion of the court as to whether to further stay imposition of sentence pending the appeal. They may impose bail, electronic monitoriing, house arrest, as well as other conditions if they chose to let him stay oiut of jail pending.

 

[HiFi]

By Court do you mean the original sentencing judge or the next person who gets the appeal. If its the next person who gets the appeal, if they deny bail, is that it? Do they make their decision to deny bail on appeal based on the appeals merits- i.e., if the appeal has a good point will they still deny bail? Thanks

 

[CdwJava]

Bail is designed to secure appearance, not to punish the perpetrator. Unless there is some credible belief that Specter is going to flee the jurisdiction and not appear in court, he will be granted reasonable bail.

Generally, the original court will address the issue of bail pending appeal.

- Carl

 

[CavemanLawyer]

I don't really agree with that CdwJava. Post conviction appeal bonds are treated completely differently then normal bonds set on pending cases. Normal bonds are just about securing the person's appearance since nothing has been decided yet on the case. With an appeal bond the person has already been convicted and sentenced, potentially to prison, so the issue is only minimally about securing appearance and mostly about avoiding an injustice by sending someone to prison that will ultimately be released after appeal. The crux is that the judge literally is prohibited from granting the bond at all unless the defense proves that there is some substantial legal question that, on appeal, is likely to result in reversal. That is a HUGE burden and even if you meet it the judge still has to consider the severity of the charge and punishment. Bottom line, very few people are going to get appeal bonds on something like murder or manslaughter. The granting of the bond acts as a suspension of the sentence. Its only granted in extraordinary circumstances.

In California you have an absolute right to a bond pre-conviction on all but (I think) capital offenses. But with an appeal bond here are the requirements:

Penal Code
1272. After conviction of an offense not punishable with death, a
defendant who has made application for probation or who has appealed
may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing imprisonment in cases of
misdemeanors.
3. As a matter of discretion in all other cases, except that a
person convicted of an offense subject to this subdivision, who makes
a motion for release on bail subsequent to a sentencing hearing,
shall provide notice of the hearing on the bail motion to the
prosecuting attorney at least five court days prior to the hearing.

1272.1. Release on bail pending appeal under subdivision (3) of
Section 1272 shall be ordered by the court if the defendant
demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely
to flee. Under this subdivision the court shall consider the
following criteria:
(1) The ties of the defendant to the community, including his or
her employment, the duration of his or her residence, the defendant's
family attachments and his or her property holdings.
(2) The defendant's record of appearance at past court hearings or
of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose
a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other
factors, whether the crime for which the defendant was convicted is a
violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the
record in the case, raises a substantial legal question which, if
decided in favor of the defendant, is likely to result in reversal.

 

[CdwJava]

I don't have any great experience in this area, so I can't say for sure one way or the other. I am familiar with one attempted homicide case i was involved in from the late 1990s where the trial court granted continuation of bail while the case was on appeal, but I cannot say under what authority this was granted. Thus, I assume the trial court has some leeway in this matter. or, it's a matter of, "who is going to argue with the judge?"

- Carl

 

[HiFi]

Thanks for the info. I'm going to be curious to see how this plays out.