Sean Combs Denied Bail After Acquittal on Racketeering but Guilty of Engaging in Prostitution – What factors does a court consider during pre and post-trial bail motions?
A federal jury in New York has found Sean “Diddy” Combs guilty of two counts of transportation to engage in prostitution. He was acquitted, however, of the more serious racketeering and sex trafficking charges. Despite the verdict on the less serious charges that could result in a time served sentence, the government plans to seek a federal prison sentence.
While Combs faces up to 20 years in federal prison, the federal sentences guidelines recommend between 15 to 33 months on each count depending on the offense gravity score. He could receive a time served sentence. A conviction on the more serious charges could have resulted in decades in federal prison and a possible life sentence! Combs has remained in jail since his arrest on September 16, 2024.
The Court scheduled sentencing in October. His defense team argued a bail motion which could have resulted in his release pending sentencing. His Defense attorney asked for Combs to be released on 1 Million Dollar Bond. The Judge denied the motion and stated that he did so because Combs has demonstrated a “disregard for the rule of law and a propensity of violence.”
Why is bail so important in a criminal case?
Bail is major issue in almost every criminal case. While in most situations bail motions are argued before trial, there are situation where these motions are argued as post sentence motion as was the case in the Combs matter. Regardless of when a bail motion is argued, Courts will use the same factors to evaluate a bail motion.
No person wants to go jail or much less stay there until their criminal case is resolved. Bail is obviously a major concern for someone facing criminal charges because it will determine whether you can remain out of custody pending trial or in the case of mixed verdict like the Combs case.
Your criminal defense lawyer needs to be ready with a bail argument regardless of the charge but bail is sometimes the highest in drug and gun cases along with crimes of violence.
What factors will a Court consider during a bail argument?
Prior to setting bail, a judge will listen to arguments from the defense and prosecution based on the following factors:
- The nature of the offense and any mitigation or aggravation regarding it
- The Defendant’s propensity to commit crimes or engage in violence
- The defendant’s employment history and financial condition
- The defendant’s family relationships (i.e. children)
- The length and nature of the defendant’s residence in the community and past residence
- The defendant’s age, reputation, and mental condition
- The defendant’s history regarding his or her failure to appear in the past
- The defendant’s prior criminal history
- Any other factors the court may find relevant in this analysis
Your criminal defense lawyer should argue these points at your initial bail hearing and every subsequent bail petition hearing if it remains an issue. It is clear that the federal judge based his decision to deny bail in Combs case on the violent nature of what he heard during the trial despite the acquittal on the more serious charges
Combs likely satisfied all other factors with regards to employment and his contacts to the community where he lives. While the prosecution could have argued that Combs was a flight risk, there was simply no evidence of it.
Bail Arguments – New Jersey vs. Pennsylvania – What you need to know
Bail is based on the potential harm a person presents to the community as well as the risk that the person will not appear for court and flee. In Pennsylvania, bail is based on a monetary system; the amount of risk determines the amount of bail set. A person is entitled to bail in Pennsylvania for almost all crimes except the crime of Murder-First Degree, where the mandatory minimum sentence is life without the possibility of parole.
In New Jersey, bail is not based on a monetary system, but rather a risk factor assessment based on an accused person’s risk of flight, the protection of the community, and whether the accused person will obstruct or attempt to obstruct the criminal justice process.
Even if a person has a low risk assessment, however, the prosecutor’s office can file a Motion for Detention to argue that the assessment does not accurately portray the individual’s profile. At this hearing the prosecutor must present clear and convincing evidence that no level of non-monetary conditions will address the State’s concerns.
Is bail an issue in your criminal case in Pennsylvania or New Jersey?
Is your family member or friend stuck in jail because of a high bail? Has your criminal defense lawyer made the proper argument to the court? Contact our criminal defense law firm today for more information!
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