(2007)

Dear Joseph F. Vallario

You have requested our opinion on the authority of a District Court judge to refuse to stay service of sentence for a criminal conviction pending the defendant's appeal to the circuit court. You have expressed concern that a defendant who is denied a stay in a criminal case may complete a sentence of imprisonment before the appeal is heard.

In our opinion, a District Court judge may grant a stay of a sentence of imprisonment and release the defendant pending appeal, but is not required to do so. A defendant who is denied a stay by the District Court may also seek release…