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FL · rules

Fla. R. Crim. P. 3.691

Post-Trial Release

activein force · 2026-07-13 – presentact-effective-date

(a) When Authorized. A defendant who has been sentenced

for the commission of any non-capital offense for which bail is not

prohibited under section 903.133, Florida Statutes, may be

released, pending review of the conviction, at the discretion of either

the trial or appellate court, applying the principles enunciated in

Younghans v. State, 90 So. 2d 308 (Fla. 1956). No defendant may be

admitted to bail on appeal from a conviction of a felony unless the

defendant establishes that the appeal is taken in good faith, on

grounds fairly debatable, and not frivolous. However, in no case

shall bail be granted if the defendant has previously been convicted

of a felony, the commission of which occurred prior to the

commission of the subsequent felony, and the defendant’s civil

rights have not been restored or if other felony charges are pending

against the defendant and probable cause has been found that the

defendant has committed the felony or felonies at the time the

request for bail is made.

(b) Written Findings. In any case in which the court has the

discretion to release the defendant pending review of the conviction

and, after the defendant’s conviction, denies release, it shall state in

writing its reasons for the denial.

(c) Review of Denial. An order by a trial court denying bail

to a defendant pursuant to the provisions of subdivision (a) may be

reviewed by motion to the appellate court and the motion shall be

advanced on the calendar of the appellate court for expeditious

review.

(d) Conditions of Release. If the defendant is released after

conviction and pending appeal, the conditions shall be:

(1) the defendant will duly prosecute the appeal; and

(2) the defendant will surrender himself or herself in

execution of the judgment or sentence on its being affirmed or

modified or on the appeal being dismissed; or in case the judgment

is reversed and the cause remanded for a new trial, the defendant

will appear in the court to which the cause may be remanded for a

new trial, that the defendant will appear in the court to which the

cause may be remanded and submit to the orders and process

thereof and will not depart the jurisdiction of the court without

leave.

(e) Approval of Bond. The court shall approve the

sufficiency and adequacy of the bond, its security, and sureties,

prior to the release of the defendant. However, in no case may an

original appearance bond be continued for an appeal.

History

Committee Notes 1977 Amendment. Chapter 76-138, section 2, Laws of Florida, by appropriate vote, repealed the provisions of rule 3.691, insofar as they were inconsistent with the legislative act. This rule has been amended to include the provisions of Chapter 76-138, Laws of Florida.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
32498f447292cec626395436419207e60839fbaf0cb6e9705b8f9f1fc98d64a8
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Fla. R. Crim. P. 3.691 — Post-Trial Release · binding.law