Rule 9. Release in a Criminal Case

Title 28 App. Federal Rules of Appellate Procedure

Title II. Appeal from a Judgment or Order of a District Court

  1. Release Before Judgment of Conviction.
    1. The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case. A party appealing from the order must file with the court of appeals a copy of the district court’s order and the court’s statement of reasons as soon as practicable after filing the notice of appeal. An appellant who questions the factual basis for the district court’s order must file a transcript of the release proceedings or an explanation of why a transcript was not obtained.
    2. After reasonable notice to the appellee, the court of appeals must promptly determine the appeal on the basis of the papers, affidavits, and parts of the record that the parties present or the court requires. Unless the court so orders, briefs need not be filed.
    3. The court of appeals or one of its judges may order the defendant’s release pending the disposition of the appeal.
  2. Release After Judgment of Conviction. A party entitled to do so may obtain review of a district-court order regarding release after a judgment of conviction by filing a notice of appeal from that order in the district court, or by filing a motion in the court of appeals if the party has already filed a notice of appeal from the judgment of conviction. Both the order and the review are subject to Rule 9 (a). The papers filed by the party seeking review must include a copy of the judgment of conviction.
  3. Criteria for Release. The court must make its decision regarding release in accordance with the applicable provisions of 18 U.S.C. §§ 3142, 3143, and 3145 (c).

Disclaimer

As laws are dynamic and subject to change, this website may not always reflect recent changes. We refer you to The United States Congress website, which may have more current or accurate information. To discuss your appeal, or how appellate laws may apply in your case, contact our law offices to schedule a free consultation.

Client Reviews

★★★★★
Scott Grabel was kind enough to look into my situation and take his time to speak with me free of charge. Most attorneys will not do that. He gave me reassurance that I had nothing to worry about. If I am ever in need of an attorney in the future I will be calling Scott Grabel and will highly recommend him to anyone with a legal issue. G. K.
★★★★★
Great job Tim, Scott, Daniel very aggressive and knowledgeable They always call you back if you have questions even after hours the best outcome I could've hoped for thanks again R. E.
★★★★★
Great lawyer he went into court and ripped the girl trying to lie on me a new one. He fot me off on all charges and with out him i would be in prision. Thank you so much i will definitely keep your number and pass it on to any one in trouble and keep it for future incase i ever have to go back to court K. J.