FAQ

A: If you or a loved one has been convicted in federal court and is now in custody, a key question is whether release is possible while an appeal is pending. It is possible, but the law sets a demanding standard. To obtain release pending appeal, you must satisfy two independent requirements. 

1) Prove You Are Not a Risk of Danger or Flight 

You must show that you will not endanger any person or the community and that you will not flee. The burden is clear and convincing evidence. In practical terms, you must persuade the same district judge who presided over your trial that there is no substantial doubt about your compliance and safety if released. Judges look for concrete, credible assurances, such as stable housing, verified supervision, and a plan that eliminates risk. 

2) Show a Likely Meritorious Appeal That Eliminates Prison Time 

You must also demonstrate that you are likely to prevail on at least one appellate issue that, if successful, would result in no imprisonment at all. This is not about minor errors or sentence fine-tuning. The question is whether your appeal presents a substantial issue that, if decided in your favor, would lead to vacating the conviction or otherwise eliminating custody. For example, challenging the conviction itself—arguing that the judge or jury erred—and showing a likelihood of success that would wipe out the basis for incarceration fits this criterion. 

By contrast, a dispute that would only reduce your term (for example, from five years to three) will not qualify for release pending appeal. The potential appellate win must be outcome-determinative as to imprisonment.