After Alma started serving a BP 22 sentence, she sought bail; the trial court allowed bail pending resolution. Is this correct?

After Alma started serving a BP 22 sentence, she sought bail; the trial court allowed bail pending resolution. Is this correct?

• A. No, bail cannot be granted after judgment.
• B. Yes, bail can be granted after judgment.
• C. Yes, if the Vaca ruling applies.
• D. Only by the Supreme Court.

Answer: (A)

Bail is meant to cover the period while an appeal is pending, so the defendant can await the appellate court’s decision without being in custody. But once a judgment of conviction has been entered and the person has begun serving the sentence, the trial court typically cannot grant bail for the purpose of delaying or continuing that sentence. The remedy to challenge the conviction after it has begun serving time is to seek stay of execution or pursue the appellate remedies, not to grant bail to secure release during the already-started imprisonment. In this scenario, that means bail pending resolution cannot be granted after judgment, so the correct position is that bail cannot be granted once the sentence has started.

Bail is meant to cover the period while an appeal is pending, so the defendant can await the appellate court’s decision without being in custody. But once a judgment of conviction has been entered and the person has begun serving the sentence, the trial court typically cannot grant bail for the purpose of delaying or continuing that sentence. The remedy to challenge the conviction after it has begun serving time is to seek stay of execution or pursue the appellate remedies, not to grant bail to secure release during the already-started imprisonment. In this scenario, that means bail pending resolution cannot be granted after judgment, so the correct position is that bail cannot be granted once the sentence has started.