Here's the scenario. Defendant convicted of aggravated assault, no deadly weapon. Jury recommends probation, judge sentences Defendant to probation. As a specific condition of probation judge orders that Defendant have no alcohol in any way shape or form. Approximately one week later Defendant files notice of appeal, but does not post appeal bond. In between the time Defendant files notice of appeal and the time he posts his appeal bond, Defendant is seen consuming alcohol in a local establishment. Can we file a motion to revoke based on the violation of probation that took place before the bond was posted? Any thoughts would be appreciated.

The notice of appeal suspends the probation. So, nothing he does after filing that notice can be used to revoke the probation. If he had been placed on an appeal bond with conditions, the bond could be revoked.

For a related discussion of the very confusing law surrounding appeal bonds, click here.

Thank you to JB and those that replied by e-mail. The moral of the story is always get conditions on your appeal bond.

Even if there aren't conditions on the bond, you could file a motion to increase the appeal bond, alleging the new violations as explanation.

So who, if anyone, supervises appellant to assure that they meet the conditions of bond?

In our county, the judge imposes a contract that is supervised by the probation department. Same as if it was a pretrial release bond.