Creators Syndicate
September 30, 2024
Why is Sean "Diddy" Combs in jail? He hasn't been
convicted of a crime. He was charged by the U.S. Attorney for the Southern
District of New York with conspiracy to commit racketeering, conspiracy to
commit sex trafficking and transportation to engage in prostitution. How about
the presumption of innocence?
Pretrial detention in federal court is much different than
in the various states. In state court, typically after a felony arrest, an
arraignment hearing is scheduled. At the hearing, a judge sets a monetary
amount for bond. The accused can post a cash bond or use a surety to post bail.
The accused is then free pending trial. There is no such system in federal
cases.
In federal court, pursuant to the Bail Reform Act of 1984,
an accused has a presumption of release pending trial. Federal prosecutors must
overcome that presumption. The presumption is overcome by proving that an
accused is a flight risk — the fear that an accused will run before trial.
This is where it gets dicey for Combs. The court will consider
a person's access to funds and ease of travel. Someone like Combs, with
substantial wealth, is more likely to be detained because of access to quick
cash, making it easier to flee.
Another problem for Combs was his alleged contact with
witnesses prior to the indictment. Federal prosecutors can present evidence
that the accused poses a danger to the community, such as a history of violence
or threats to witnesses.
If a judge finds that the accused is either a risk to flee
or dangerous, she may order the accused remain in custody until trial.
According to The New York Times, during Combs' detention
hearing, prosecutors presented evidence that Combs had committed violence
against women, had access to weapons, had a history of anger management and
substance abuse, and had contacted some of the victims, and witnesses, who
reported being afraid of him.
A federal magistrate and a federal district court judge have
decided to detain Combs pending trial.
Combs is a victim of his own wealth and notoriety.
In a state cash bail system, a judge sets a sum based on
factors like the seriousness of the offense and the accused's criminal record.
If the accused doesn't have the money, she sits in jail until trial. Many of
those charged with a crime in state court remain in jail simply because of
their inability to post bond.
In contrast, federal law requires the judge to conduct an
extensive hearing and consider a variety of factors in deciding whether to
release a defendant before trial. If released, the accused pays nothing up
front to be released — only a promise to pay a certain sum of money in the
future if the defendant fails to appear for trial. The advantage of the federal
system over the state cash bail system is that a defendant's freedom is not
determined by their ability to pay.
In March, federal Homeland Security agents raided Combs'
residences in Los Angeles and Miami as part of an investigation into alleged
criminal activity.
According to news accounts, a recent indictment against
Combs alleges arson, kidnapping, forced labor, bribery, obstruction of justice,
prostitution and sex trafficking, including forcing victims into engaging in
recorded sexual activity referred to as "Freak Offs."
For Combs, money is the problem. Not that he doesn't have
enough, but that he has too much. Theoretically, it would be easy for someone
with Combs' resources to be released, call a friend with some connections,
charter a private jet — without a flight plan — and flee the country.
Ironically, a federal statute created to eliminate wealth as
a factor for release is keeping Combs in jail.
Matthew T. Mangino is of counsel with Luxenberg, Garbett,
Kelly & George P.C. His book "The Executioner's Toll, 2010" was
released by McFarland Publishing. You can reach him at www.mattmangino.com and
follow him on X @MatthewTMangino
To visit Creators CLICK HERE
Posts
No comments:
Post a Comment