Trump has been charged in 4 separate criminal cases. These are two federal cases in Florida and Washington DC and two in Georgia and NY. If he were to be convicted, how common would it be for someone convicted of those crimes to be detained pending resolution of any appeal?

If anyone knows the case history for the specific types of crime he is charged with that would be perfect.

2 Answers 2


Detention in prison pending appeal is the overwhelming norm.

Allowing a person convicted of a crime to be released pending appeal while posting a bond and being subject to bond conditions is the exception and is in the reasonable discretion of the judge on a case by case basis. The case of Donald Trump is so exceptional that there is no telling how a judge would exercise their discretion in that case.

  • 4
    Bannon has been free pending appeal for more than a year.
    – Simd
    Commented Sep 7, 2023 at 16:16
  • Navarro has been convicted but will be free at least until January when sentencing is set to happen! If he then appeals it could be a long time!
    – Simd
    Commented Sep 7, 2023 at 20:37
  • 2
    @Simd a rather specialized and uncommon conviction of contempt of congress
    – Tiger Guy
    Commented Sep 7, 2023 at 20:56
  • 2
    The usual word for anything exceptional about Trump is "unprecedented".
    – Barmar
    Commented Sep 8, 2023 at 14:44

Detention is the norm

s22 of the Bail Act 2013 states that a court is not to grant bail pending an appeal of the conviction or sentence of an indicted offence (what Americans would call a felony - more or less) unless “special or exceptional circumstances exist”.

The courts have determined that “special or exceptional circumstances” are to be determined on a case-by-case basis.

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