Legal Question: Bail After Pleading Guilty and Witness Protection
This week’s question is from Holly R. via the form. Holly asks:
In the mind-boggling stupid but oh so fun “Good Girls,” criminal husband Dean is arrested by “the Feds” for money laundering and counterfeiting. While in jail, he pleads a guilty (or at least the agent tells his actually guilty wife he does). In a later episode, there is talk of bailing him out. 1) What happens after you plead guilty to federal charges? 2) When can you actually be freed on bail? 3) Do you actually get a salary when entered into Witness Protection?
Great questions, Holly! I will be upfront with you and say I have never watched “Good Girls” though looks pretty cute and has an all-star cast. Please note, this contains some spoilerish things for “Good Girls” so if you haven’t finished the most recent season, beware. Let me take your questions in turn:
1) What happens after you plead guilty to federal charges?
Most of the time, you are remanded to custody - locked up - but not always.
Pleading guilty means there will be no trial to determine guilt or innocence. Since Dean is copping to the guilt, he would no longer be able to rely on the constitutional presumption of innocence. That constitutional right is why people who have only been accused of a crime but not yet convicted are eligible to be released on bail. That right has limits, of course. For instance a “public safety exception” exists in most states. This means that, based on the underlying crime, pre-trial bail can be denied if the crime is a capital crime, violent felony, or sexual assault, depending on jurisdiction.
2) When can you actually be freed on bail?
Because Dean wouldn’t need a trial, he would not be eligible for pre-trial bail. That doesn’t mean he would NEVER be granted bail. Sometimes a federal defendant can ask for bail while awaiting sentencing. They usually do this so the defendant can get their lives in order before going to jail for a long time. It is not as common as pre-trial bail, but it is certainly not unheard of.
The statute allowing judges to grant bail to a defendant awaiting sentencing is 18 U.S.C. § 3143. This statute says that a person who has been found guilty of an offense (even by pleading guilty) should be detained UNLESS the judge finds, by clear and convincing evidence, that “the person is not likely to flee or pose a danger to the safety of any other person or the community if released.”
If a person is found guilty of a crime listed in an earlier section (3142), including a crime of violence, a crime where the maximum punishment is death, and a few other exceptions, then the judge “shall” order them into custody. The only exception in that case is if (1) the judge finds that a motion for acquittal or new trial would be granted, OR (2) if the U.S. attorney recommended that the defendant not be imprisoned AND the judge finds that the person is not likely to flee or pose a danger to the community.
From what I gather, Dean did not plead guilty to a capital offense or violent crime. Based on my Googling of recap articles, it appeared to be more like money laundering or some financial crime. As such, it would be conceivable that he may be able to ask for bail awaiting sentencing. SPOILERS: the articles also showed him already in jail, so I’m guessing the whole bail thing didn’t work out…
3) Do you actually get a salary when entered into Witness Protection?
You do get compensation, but not exactly a salary. According to a report from the Department of Justice called “Fees and Expenses of Witnesses,” the costs associated with the witness protection program usually cover: “subsistence, housing, medical and dental care, travel, documentation, identity changes, one-time relocation, and costs associated with obtaining employment.”
According to the book WITSEC: Inside the Federal Witness Protection Program by Pete Earley, the families get a small stipend for about a year – around a few thousand dollars per month for a family of four – until they can secure employment. They are provided with sufficient funds to obtain a car and modest housing.
One issue that comes up for those in the Witness Protection Program is lack of credit. You have a new identity but no credit, so buying a house or car may be difficult with no credit and a shell of an identity. The witnesses are also supposed to get jobs with no references or list of prior employment. Many people in WITSEC who had professional careers that required licenses, for instance a lawyer or an accountant, would also have to completely change their field of work so as not to be detected.
So while they don’t quite get a full-time salary for the rest of their life, they do get a monthly stipend for a time, help with gaining employment, and help maintaining a place to live and transportation.
Here is an in-depth article about the economics of people in the Witness Protection Program if you want more details.
Thanks for the questions, Holly!
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