A judge will always make a final ruling, whether in a criminal or civil case, which can result in a fine, jail term, or other adverse court orders. However, you have many options, even if the ruling is against you. In most cases, going for an appeal is the best option. The law allows you to appeal the judge's decision if you lose your case. An appeal is a review process of an appellate court, which can identify the mistakes of the lower court. The appellate court also clarifies or interprets applicable law. Sometimes, a new hearing can be set after the lower court's ruling has been overturned or set aside.
An appeal can last for months before ending. During this period, you must start serving your sentence if convicted. You will also be required to pay restitution if the court orders you to do so. This is necessary before your appeal goes through the system. If you do not have sufficient income to pay fines and restitution, you might have to sell your home immediately if the ruling forces you to do so. Situations like these will arise immediately after the judge rules on your case unless you put the court orders on hold as your appeal goes on. In most cases, you can file for a "motion for stay pending appeal."
The Meaning Of "Motion To Stay A Sentence Pending Appeal"
Sometimes, the judgment or ruling of the judge on your case can be unfair. You should not give up because you can succeed if you appeal. However, you will be held in contempt of the court if you fail to adhere to the court's ruling within the designated period. You should pursue a "stay" of the trial court's order to avoid this outcome. This will help you temporarily put the consequences of the ruling on hold. Generally, a" motion to stay a sentence pending appeal" stops the commencement of sentencing and penalties if your appeal is in process.
There are two options for securing the stay. A trial court judge has discretion under the law to stay the enforcement or execution of the order pending its appeal. In this case, you must file a motion with the trial court that made the sentence you are appealing.
The law allows you to directly pursue a stay pending appeal with the Court of Appeals. However, the rule for this option is that you must file a stay motion in the trial court first before this request can be filed with the Court of Appeals. You must wait for the trial court's decision on the motion. The law allows you to file the motion directly with the Court of Appeals while awaiting the lower court ruling if:
- Extraordinary factors exist
- The trial court has failed to make the judgment within a reasonable period
Securing A Stay
Some court trial judgments are stayed automatically after filing the appeal. For example, declaratory judgments in California always stayed automatically. These rulings do not require a payment of land or money between parties. However, you should not assume you will obtain a stay automatically. Securing one will require the services of a skilled attorney to take specific actions apart from filing the appeal notice.
You can also file a "writ of supersedeas" to stay enforcement of the sentence. It is also necessary for you to serve other parties involved in the matter with a writ once you have filed it. The writ should explain the necessity of the stay. It should also include a memorandum. A memorandum is used to cite the arguments and authority supporting the writ. Your argument must be convincing enough to make the appellate judges favor you. However, before filing the writ of supersedeas, the following circumstances must be satisfied:
- You must have exhausted all available options at the trial court. Several tools are available at the trial level, which you can use to stop the immediate enforcement of a sentence. You should try to use them first if they are available. A motion to stay can be your best option if you are unsuccessful.
- Your appeal must be pending. In this case, you must have filed a notice of appeal within the designated period.
The following are the advantages of a writ:
- The process of a writ resolves faster than appeals.
- You can use a writ to overturn the ruling considered to be legally unappealable.
- Writ trials are always deemed original. In this case, you are allowed to provide new evidence that cannot be admissible in an appeal.
The appellate court has the power to reject or grant a writ of supersedeas. Once the appellate court has granted your stay motion, the trial court must inform them.
After A "Motion To Stay A Sentence" Is Granted
The judge will grant your motion to stay a sentence unless there are no grounds for the appeal. Once the court grants the stay, it results in a "stay of execution." This, however, does not only apply to death penalty charges. In this case, the term "execution" means the fulfillment of the sentencing ruling of the lower court and other penalties. For appeals in California, a motion to stay a sentence prevents all facets of judgment from being executed as your appeal continues. During this period, the trial court whose judgment is being appealed cannot change the ruling.
The stay will stop, and sentencing or other penalties will continue as initially handed down if the appellate court upholds the lower court's ruling. Sometimes, however, the ruling can be overturned on appeal, favoring you. If this happens, the penalties or other punitive measures resulting from the initial ruling cannot apply within the scope of the lower court ruling. On the other hand, a successful appeal can sometimes result in a retrial.
Why A Motion To Stay A Sentence Is Important
A "motion to stay a sentence" aims to maintain the status quo between the parties. This keeps the alleged case ripe for the court to adjudicate it. A stay typically helps ensure that any ruling the appellate court makes makes a difference. Another basis for a motion is showing irreparable harm in its absence. You must show that you will lose the appeal's benefits if a motion is not first ordered. For example, you can be involved in a land use case that invokes allegations of environmental damage. Someone can file a petition against you to stop the development of the land by claiming that it will hurt the environment. If the challenger loses the case at trial, you will presumably develop the land immediately. Without a motion to stay the case, the petitioner will claim that you will cause harm to the environment. This can negate the benefit of an appellate win.
The Factors To Be Considered Before A Motion To Stay A Sentence Is Granted
The judge will consider the following factors before granting your motion to stay a sentence:
- The nature of the conviction
- The amount of hardship a conviction will cause you and your family
- The period of your jail term
- Whether you are a threat to the safety of the community
- Whether you are a flight risk
- A likelihood that you will prevail on appeal
Appealing A Criminal Conviction
Sometimes, the following can quickly happen during a trial:
- The jury can make a wrong judgment
- Your attorney can lack the competence to defend you
- The prosecutor can act unethically
- The judge can make wrong decisions
You can face a criminal conviction if any of the above occurs. Fortunately, the law provides a second chance at justice. An experienced criminal defense attorney can help you in the process of appealing a criminal conviction.
An appeal is not a new trial but a restricted review of a conviction by the appellate court. The appellate court does not hear witnesses' testimonies, retry the case, or admit new evidence. Instead, it reviews the lower court trial and its ruling to establish if legal mistakes negatively impact your rights.
The appellate court is the Court of Appeal for felony appeals and the Appellate Division of the Superior Court for misdemeanor appeals. You must first make your appeal with the United States Court of Appeal for Ninth Circuit if you are seeking a federal appeal. If need be, you can do so with the Supreme Court.
Notice Of Appeal
The law allows you to appeal your conviction if you have been convicted at a jury or bench trial in the Superior Court. You or your criminal defense attorney can initiate an appeal. An attorney can file a "Notice of Appeal" within one to two months after your trial court ruling. You must strictly observe the period designated for the appeal process. You will jeopardize your case if you fail to observe the deadlines. This is why you require the services of an experienced appeal attorney.
A missed deadline can forfeit your appellate rights if you do not understand the statute of limitations to appeal a criminal conviction.
If it is a sentencing appeal, the notice of appeal should state that a sentencing appeal is underway, which does not challenge the validity of the plea itself. If you are appealing to the Fourth Amendment, you should specify in the notice of appeal that you intend to complain about illegal search and seizure or other violations of your constitutional rights. Failing to adhere to these guidelines will render your appeal subject to dismissal and inoperative.
A Hearing On A Motion To Stay A Sentence Pending Appeal
A "hearing on the motion to stay a sentence" is a trial in which a judge listens to your arguments and the prosecutor's arguments. After carefully listening to arguments from both sides, the judge determines whether to stay your sentence pending appeal. The judge will make a ruling based on the following:
- The potential harm of the sentence on you
- The merits of your appeal
Key elements of a hearing on the motion to stay a sentence pending appeal are:
Purpose
The main aim of the hearing is for you to request the judge to suspend the implementation of your sentence until he/she rules on your appeal. Your attorney can argue that he/she has a strong case on appeal. The attorney can also allege that you will face substantial hardship if you serve your sentence while the appeal is pending.
Arguments
Your arguments can include:
- The imminent harm you will face while in jail
- Possible success on appeal
- The seriousness of the potential penalties
- Exceptional circumstances like health problems
The prosecutor can present the following claims:
- You are a dangerous risk to society if released pending appeal
- You are a flight risk
- You committed a severe offense
The judge will decide after listening to the arguments presented. If you are released pending appeal, the judge can impose bail or monitoring requirements on you.
Bail And A Motion To Stay A Sentence Pending Appeal
The law allows you to apply for bail to postpone your sentence pending appeal. However, filing an appeal does not mean you immediately stop serving your sentence. You must request a stay of execution or bail pending appeal to postpone serving your sentence. You can pursue bail pending appeal if your sentence includes a jail term. If your bail goes through, your sentence will be delayed until the court decides on your appeal.
The judge will hear from the prosecutor before deciding on the bail. The prosecutor can challenge your bail request. Sometimes, the prosecutor can request the court to impose a higher bail on you. If no bondsman wishes to stand as your bailor, you will be jailed, awaiting your appeal hearing.
Find a Criminal Defense Attorney Near Me
The main reason to file a motion to stay pending appeal is to avoid the adverse penalties of a criminal conviction. You can avoid penalties like serving jail time or paying fines and restitution to the victim. You can continue living normally and even go to work when you delay serving a sentence until your appeal is done.
This motion helps you avoid a situation where you prevail in your appeal but have already served your sentence. It would be unfair to succeed in the appeal when you have already served your sentence. You should file this motion after you file a notice of appeal but before the deadline of surrendering to serve the imposed sentence. If you need reliable legal counsel and representation in filing a motion to stay pending appeal in Los Angeles, contact the Law Offices Of Jonathan Franklin. Call us at 310-273-9600 to speak to one of our attorneys.
