Guam § 40 - Release After Conviction Pending Appeal; Condi-
Full text of Guam Guam Code Annotated § 40 — Release After Conviction Pending Appeal; Condi-, with citation guidance and answers to common questions.
§ 40. Release After Conviction Pending Appeal; Condi-
tions.
(a) A person who has been convicted of an offense and is
either awaiting sentence or has filed an appeal, shall be released
pursuant to §§ 40.15 or 40.20 pending the imposition of sentence
or the final determination of the appeal, by the court having
jurisdiction of the case, unless the court has reason to believe
that no one or more conditions of release will reasonably assure
that the person will not flee or pose a danger to any other person
or the community. If such a risk of flight or danger is believed to
exist, or if it appears that an appeal is frivolous or taken for
delay, the person may be ordered detained.
(b) The provisions of § 40.80 shall not apply to persons
described in this Section. However, other rights to judicial
review of conditions of release or orders of detention shall not be
affected.
NOTE: Section 40.85 is new. It is substantively the same as 18 U.S.C. §
3148. Compare former Rule 46(a)(2) and former §§ 1272 and 1273. See
also Fed. R. App. P. 9(b). See generally B. Witkin, California Criminal
Procedure Appeal §§ 673-680 (1963) (bail on appeal); 9 Moore, Federal
Practice &&209.06-209.08 (1973).
Frequently Asked Questions About Guam § 40
What does Guam Code Annotated § 40 cover?
Section 40 ("Release After Conviction Pending Appeal; Condi-") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 40?
A common citation format is "Guam Code Annotated § 40" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.