Section 27.12 Setting of Appeal Bond

• Library: Criminal Practice 2012 Supp

3. (§27.12) Setting of Appeal Bond

Rule 30.16 provides that: “if a convicted defendant is entitled to a conditional release pending an appeal, the conditions shall be determined by the court under Rule 33.” The court must also determine the amount of the appeal bond, and the defendant’s attorney should move for the court to set the amount and the conditions of the appeal bond at the time of the final sentencing hearing. The defendant and the defendant’s attorney need to be prepared for the possibility that the appeal bond may be higher than the one set before the trial and conviction took place. Discussions should be made in advance of the judgment and sentencing hearing to determine how the appeal bond is going to be paid, and preparations should be made to have everything lined up to pay an increased amount in order to keep the defendant free. Counsel should also discuss with the defendant that the defendant should have personal affairs in order just in case the defendant is incarcerated for a period of time before the appeal bond is posted.

Some defendants will not be entitled to conditional release pending appeal. Under § 544.671, RSMo 2000, a defendant who is under a death sentence or life imprisonment or who receives an imprisonment term for violations of § 195.222, RSMo Supp. 2004 (trafficking drugs, first...