1/ Will Ghislaine Maxwell get "bail"? Well, first, As the federal system doesn't so much speak of "bail." Federal law refers to "release or detention pending trial." But, will she be IN or OUT pending trial?
@NBCNewsNow @AlisonMorrisNOW @MSNBC @rebeccacheng6
@NBCNewsNow @AlisonMorrisNOW @MSNBC @rebeccacheng6
2/ Magistrate Judge ("MJ") can release an accused on personal recognizance or unsecured appearance bond IF MJ determines a) no risk of flight and b) no risk of danger to the community.
@Tom_Winter @KenDilanianNBC @PeteWilliamsNBC
@Tom_Winter @KenDilanianNBC @PeteWilliamsNBC
3/ With a wealthy deft, the govt often introduces a lot of evidence of their resources to show they could leave the country. Plus Maxwell supposedly has citizenship and resources in multiple countries (and multiple passports).
@JoyceWhiteVance
@JoyceWhiteVance
4/ But Maxwell's biggest obstacle is that she's charged with a "presumption" case. A statutory rebuttable presumption of flight or dangerousness arises with certain child sex crimes. So if you're betting, you should probably bet that she'll be detained.
@jbillante
@jbillante
5/ Also, at bail hearings, the rules of evidence are relaxed and the govt can introduce by "proffer," e.g., "this is what victim X or Agent 1 will say about Deft when called to testify."
@jenasturgis
@jenasturgis
6/ Look for a creative argument from Maxwell's side, though, like: (a) During pandemic, it's too dangerous for someone her age to be incarcerated; and (b) [more "out there"] that the govt couldn't "safeguard" Jeffrey Epstein--how safe will she be? The latter is a long shot.
