Too Wealthy To Bail: Navigating Pretrial Release Strategy

By Sean Buckley and Amanda Tuminelli (March 1, 2021, 11:45 AM EST) -- Last year, Ghislaine Maxwell became the latest in a line of defendants held in pretrial detention at least in part because they have significant financial resources.

While such resources enable wealthy defendants to propose high-dollar bail packages that include privately funded home confinement, wealth can also be held against defendants seeking pretrial release.

In many cases, the government aggressively seeks detention for wealthy defendants on the ground that their resources make them a serious risk of flight pursuant to the Bail Reform Act, and several courts have agreed.

For example, Maxwell's second attempt at pretrial release in December 2020 included a...

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