As you might already know, Tom DeLay, former U.S. House Majority Leader, was convicted in November 2010 of one felony charge of money laundering (“DeLay convicted of money laundering charges”, Houston Chronicle, By R.G. RATCLIFFE and PEGGY FIKAC, Nov. 24 2010) and one conspiracy charge (not a felony?)
In this article DeLay out on bail, pending appeal By: John A. Salazar (Your News Now), Updated 2011-01-11 01:22 PM
I read that Tom DeLay has been sentenced to three years in prison for the conspiracy count and five years (the minimum sentence) in prison for money laundering. The article says
“Judge Pat Priest will allow DeLay to serve 10 years probation on the laundering charge in lieu of the prison sentence. The two sentences will be served concurrently.”
Questions:
Why is Tom DeLay not in prison now? Is it because he posted bail, or because he was allowed to serve probation?
I thought that if you were sentenced to serve probation, you would not be sent to prison, so why would you have to post bail? Or does everyone out on probation have to post bail?
Suppose the judge had sentenced him to a prison sentence without probation, would it be possible for Tom DeLay to be out on bail? If so, how often does it happen that someone sentenced to prison for a felony is allowed out on bail?
Would it have made a difference it he didn’t appeal the case? i.e. If I am convicted of a felony and sentenced to prison without probation, is it possible that I would not be in prison if I appealed the case?
Also, is Texas different from other states on these issues?
It’s because he posted bail on an $10000 appeal bond on the conviction that sentenced him to prison.
No, the bail is purely related to his prison sentence. It’s important to note that DeLay was sentenced on two different crimes here: 2nd degree felony conspiracy and 1st degree felony money laundering. He received three years in prison for the former, and ten years probation for the latter (five years in prison if revoked). Had he only been sentenced to probation and no prison time there would be no need for the appeal bond, as he wouldn’t be locked up. Think of them as two separate sentences and it’s less confusing.
It would be possible, yes. If your sentence is 10 years or less and your crime wasn’t a particular class of assaultive offense (called a 3g offense) you may be eligible for an appeal bond. DeLay is 63, has no priors, committed nonviolent crimes with no direct victims, and isn’t likely to abandon his family and everything he owns to go on the run to avoid what would probably end up being a few months in prison before parole, so he’s probably a good candidate.
If he didn’t appeal the case the judge might require him to start serving his sentence immediately, but also might give him some time to get his affairs in order and allow him to “self surrender” at a later date.
That I couldn’t tell you. I suspect the particulars might be different but that the general details wouldn’t differ too greatly.
Bail is money posted as a surety that someone accused of a crime will appear in court. Most often, it is posted before trial, by someone presumed innocent at law (because guilt has not yet been proven at trial) whose innocence has been called into question by an arrest for a crime. One cannot bail oneself out of a criminal sentence. However, one is (generally) entitled to bail while appealing a conviction. (I believe there are common exceptions to that statement but am not aware what are the terms and limitations on bail on appeal of conviction – so hear it as a generality with unspecified exceptions, please.)
Probation is a sentence imposed by the judge in lieu of incarceration when there is sound reason not to incarcerate a convicted criminal. In some jurisdictions, a sentence of X period in incarceration plus X period on probation has become a common sentence. Someone in the criminal justice system can better speak to how that works.
If you are convicted and sentenced, do not take an appeal, and your sentence is to incarceration with or without subsequent probation, you are not allowed out on bail (or for virtually any other reason, work release and compassionate leave for death of a close family member being the only exceptions I know of).
The Texas legal system has some interesting quirks, but in these matters it’s in line with most other jurisdictions.
Thank you pravnik, I got confused because of the two different sentences handed down at the same time.
I thought it was the reverse: once you’re convicted, you’re generally **not[//b] entitled to bail. I understand being out under bail after the arrest and before the trial, but once you’re convicted, I thought that you would have to serve your time. Or are you talking about the time between conviction and sentencing?
I’ll refer this to someone with experience in the criminal law system, but it’s my understanding that taking an appeal “definalizes” the conviction, permitting bail pending the outcome of the appeal. I may not have this right, though.
You are right on one point, though – Unless appealing, you are not entitled to bail once sentence commences. (I understand it’s up to the judge but a common practice to continue bail between conviction and sentencing, and if the convicted is given time to wind up his/her affairs before reporting to begin servinc the sentence, also between sentencing and incarceration.
It is generally left to the judge’s sound discretion. Judges are far less likely to allow bail (or an appeal bond, as it’s called in some states) in cases where it was a crime of violence, the court believes that witnesses or the general public might be in danger, where the defendant is a flight risk, or where it was a slam-dunk case for the prosecution.