3 ms·
You are generally entitled to bond, unless there you are: a) a danger to the community; or b) a flight risk. Obviously, if he tried to "disappear" previously y
by throwaway_law 7y ago
You are generally entitled to bond, unless there you are: a) a danger to the community; or b) a flight risk.
Obviously, if he tried to "disappear" previously you could argue that, but now his passport has been confiscated. And usually the higher profile you are the easier it is to argue you aren't a flight risk.
- pbhjpbhj 7y agoBecause someone perpetrating massive frauds, or whatever, couldn't buy a fake passport and hire a private plane to a non-extradition territory?? /s If there's any indication a perp might fly then you should keep them inside, passport or no.
- throwaway_law 7y ago>If there's any indication a perp might fly then you should keep them inside, passport or no. I'll stick with the case law. The Court looked at the risk of flight here with all the evidence (which is more than you or I can say) and determined he is not a significant flight risk, I'll side over your gut feeling since he fraudulently took money, he can get a fake passport (1 has nothing to do with the other). It can easily be argued any criminal defendant "might fly", so essentially under your proposed standard no defendant would be entitled to bond (you wouldn't be the first to argue such a thing). Innocent until proven guilty and all that jazz. And yes even with a confession you are still innocent until adjudicated/convicted, its not like police don't have a history of obtaining false confessions or making confessions up out of whole cloth (I know, that's not applicable here). As I said the higher profile you are/the case is, the more difficult it is to abscond anyway. If he gets a fake passport (which is unsupported by any facts) and is caught, his bond is revoked. Also he likely has a GPS tracker as a condition of bond, so if he violates his travel restrictions/curfew restrictions, his bond is revoked. Not to mention, the people involved in fake passports are not generally going to supply a guy in the middle of a high profile criminal case involving the FBI, who is out on bond with a GPS tracker. Then even if he gets a fake passport, good luck buying a plane ticket or going to an airport.
- pbhjpbhj 7y agoI was clearly being loose in my post, I'm sure you're more than capable of reading the jist in a manner consistent with legal orthodoxy. Do you think passport forgers only supply to law abiding citizens who don't have lots of money and want to flee a country? You say people held over on a bond following confession "are innocent" [here's me thinking it was 'considered innocent before the law', otherwise there would never be any sound convictions]. If you think a GPS tracker is any limitation to someone who can afford to leave the country then you've a serious lack of imagination. OT: I liked the "gut feeling" bit where you attempted to disparage my position with an appeal to emotions whilst simultaneously presenting your own position with no more factual backing, and IMO a good deal less believability.