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Category: Bail Proceedings

Circuit Holds That Wealthy Individuals Will Not Receive Special Treatment In Bail Proceedings

In a short opinion, United States v. Boustani, the Second Circuit (Cabranes, Hall, and Stanceu) clarified the Bail Reform Act standard for when a defendant requests to be released on bail and agrees to pay for private armed security guards in order to guarantee his or her return to court and the safety of the community.  In this case, Boustani proposed a set of conditions for his pretrial release that included a condition of home confinement, with an accompanying commitment to pay for private security.  The Circuit affirmed the district court’s denial of Defendant’s bail application.