Rule 8.3 Release after Conviction and Sentencing

If someone is convicted of a crime and wants to appeal, they may be able to stay out of jail while the appeal is going on. This is called bail pending appeal, and whether someone qualifies depends on Mississippi Code Section 99-35-115.

If a person is given this kind of bail, they have to agree to follow whatever the higher courts decide. That means they must obey any order or judgment from the Supreme Court or Court of Appeals. It also means they must follow the trial court's original ruling if the higher courts uphold it.

Before the sheriff can accept the bail, the appeal has to be officially filed and moving forward. This is called "perfecting" the appeal. The sheriff cannot let someone out on this bail until that step is done.

Finally, if the trial court does grant bail while the appeal is pending, the court clerk has to let the Supreme Court's clerk know. This keeps everyone informed and makes sure the case is tracked properly while it moves through the appeal process.