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Appeal / Supersedeas Bonds

After the imposition of sentence, some defendants in Florida may ask the court for post-trial release by way of seeking what is commonly referred to as an appeal bond (also called a supersedeas bond). While “appeal bond" or “supersedeas bond" are the most commonly used terms, “post-trial release" is the official term used in the rule. No matter what title is used, the ultimate decision by the court is discretionary. The right to bail under Florida’s constitution is limited to individuals held in pre-trial detention. Florida Statute section 903.132(3) prohibits the trial court from continuing the original bond into and through the appeal process. The Florida Legislature has mandated a separate bond proceeding for detainees seeking an appeal in order “to reflect the increased risk and probability of longer time considerations."