In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any Magistrate having the power to issue a writ of habeas corpus, or by the Magistrate before whom the trial was had.
BailBail on Appeal
Section § 1291
This law states that if a defendant is allowed to be released on bail while appealing a case, the decision can be made by any judge who has the authority to issue a writ of habeas corpus, or by the judge who conducted the original trial.
defendant bail appeal release on appeal writ of habeas corpus
Section § 1292
In California, when bail is being set for someone appealing a case, the bail must meet certain qualifications similar to other types of bail, but it needs to follow specific conditions outlined in a different section (Section 1273). These conditions are specifically for bail when an appeal is involved.
The bail must possess the qualifications, and must be put in, in all respects, as provided in Article II of this Chapter, except that the undertaking must be conditioned as prescribed in Section 1273, for undertakings of bail on appeal.
bail qualifications bail on appeal appeals process
