Can I get bail while my conviction is being appealed?

By Last Updated: March 16, 2022

If you have been convicted of an offence and are being held in custody, you will remain in custody until your appeal is heard unless the court decides to release you on bail pending your appeal.

To get to the court to consent to your bail while your matter is being appealed, notice of your appeal must already be filed with the court. You will then need to make an application to the court for your release and show that:

  • There is a reasonable chance that your appeal will succeed, or that it is not a frivolous appeal. The court will not let someone out on bail if there is no reasonable prospect of the appeal succeeding;
  • That it is not contrary to the interests of the public that you are released pending your appeal. The court will not release you if you are alleged to have commit a very serious offence, or if they have reason to believe that you might commit further offences while out on bail; and,
  • That you will surrender yourself into custody on the day that your appeal is to be heard. If the court has reason to believe that you might not return on the day of the appeal, or that you are a flight risk, it is unlikely that you will be released on bail.

If your application for bail pending appeal is successful, you will be released with conditions until your matter is heard before the court. Because convincing the court that there is merit to your appeal is vital when securing bail pending your appeal, it is in your utmost interest to consult with a lawyer as quickly as possible. One of the skilled criminal defence lawyers in our office can identify and develop the merits of your appeal, and can effectively present legal arguments that will not only help you to secure bail, but that will also help you succeed in your appeal.

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About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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