For many convicted offenders, a guilty verdict does not necessarily mean they must serve jail time or pay other penalties. While they cannot take their cases back to court simply because they disagree with the verdict, they can appeal their cases if their attorneys can cite errors within the trial that may have led to an invalid decision. In Hawaii, an experienced criminal appeals lawyer may be able to convince the courts to release certain convicted people until they hear the appeals case and make a final decision.
An application for release after a judgment of conviction must initially be submitted to the circuit, district or family court but, if the court refuses the application, it can be taken to the appellate court, according to the Hawaii Rules of Appellate Procedure. At the appellate level, the application for release becomes part of the required appeal documentation, which includes the following:
- A written motion
- Affidavits or declarations
- Copies of all or portions of the records citing procedural or other errors in the initial trial
Naturally, the appellate courts can refuse to hear the appeal, which would eliminate the possibility of release. However, if the appeal case is approved and placed on the docket, the judge can decide in favor of temporary release based on Hawaii statute until such time as the appeal goes to trial.
For some convicted offenders in Hawaii, a guilty verdict may not represent an immediate end to their freedom. Experienced criminal defense lawyers begin looking for valid reasons for appeal, even while the original trial takes place. Depending on the details of the case, a pending appeal can temporarily keep their convicted clients out of jail.