The ultimate question the judge has to answer: Has the government met the burden to show that Epstein is more likely than not to flee?
Federal defendants like Epstein have a right to bail which flows from two legal sources. First, the Constitution’s Eighth Amendment prohibits excessive bail. More recently, the Bail Reform Act of 1984 requires a court to release a defendant subject to the least restrictive conditions that will reasonably assure the defendant’s appearance and the safety of others.
If there is probable cause that the defendant committed one of several egregious crimes, a “rebuttable presumption” arises that the defendant is a flight or safety risk. Epstein is charged with sex trafficking, which is one of these “presumption” crimes.to rebut that presumption by providing some evidence that he does not pose a danger to the community or a risk of flight.
When the defendant offers such evidence, the presumption favoring detention does not completely vanish, but it is reduced to just another factor for the court to consider.the ultimate burden of persuasion — by clear and convincing evidence — that the defendant presents a danger to the community, and — by the lesser standard of a preponderance of the evidence — that the defendant presents a risk of flight.
Conversely, prosecutors say his wealth is precisely what makes Epstein a flight risk, citing items found at his home: jewels, $70,000 in cash, and, strangest of all,Most criminal defendants have limited funds or no funds at all. That’s partially why the Bail Reform Act was passed: to help ensure courts grant bail, but not set it so high that it effectively denies bail for people without a lot of money. The Bail Reform Act doesn’t really address situations where defendants have fabulous wealth.
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