What's Next for Diddy After Arrest on Sex Crimes Indictment? An Expert Explains
Prosecutors have asked Sean "Diddy" Combs to be jailed, claiming he's a flight risk
Shareif Ziyadat/Getty
Sean "Diddy" CombsSean “Diddy” Combs has a long legal road ahead of him now that he has been indicted on federal sex crimes charges, a former federal prosecutor tells PEOPLE.
“This case is 100 percent going to trial,” attorney Neama Rahmani, a former federal prosecutor and president of West Coast Trial Lawyers, tells PEOPLE.
Arrested on Monday, Sept. 16, at a Manhattan hotel, the music mogul, 54, is charged with sex trafficking by force, racketeering conspiracy and transportation to engage in prostitution, according to a federal indictment unsealed Tuesday by the U.S. Attorney’s Office for the Southern District of New York.
Rahmani does not expect Combs to enter into a plea agreement with federal prosecutors, as many defendants do. At his arraignment on Tuesday, Sept. 17, he pleaded not guilty, according to the Associated Press.
Related: Sean 'Diddy' Combs Indicted on Sex Trafficking, Racketeering and Prostitution-Related Charges
Considering that sentences for the charges against Combs range from 15 years to life in prison, “Diddy is not going to take any deal where he is going to spend decades in federal prison,” he says.
One of the most shocking allegations in the 14-page indictment centers around sex performances Combs called “freak offs,” where female victims were allegedly drugged and forced to have sex after being lured “into Combs’ orbit, often under the pretense of a romantic relationship.”
Related: Inside the Alleged 'Freak Offs' at Center of Sex Crimes Charges Against Sean 'Diddy' Combs
Combs is accused of producing, directing and recording these events, which lasted for hours and sometimes days, according to the indictment.
During raids of Combs' homes in Miami and L.A. in March after several lawsuits alleging sexual abuse were filed against him, federal investigators allegedly found three AR-15 rifles and 1,000 bottles of baby oil and lubricant.
“It's crazy,” says Rahmani. “I've been doing this for more than 20 years, and put more than 1,000 people in federal prison, and I never saw a case with a thousand bottles of baby oil.”
His attorney, Marc Agnifilo, says Combs plans to fight the charges and will plead not guilty.
Here’s what’s expected to happen next in the bombshell case:
Detention Hearing
Combs was arraigned on Tuesday. Rahmani says the next step, a detention hearing, has to happen within three court days of an initial appearance.
Diddy's defense attorneys have proposed a bail package that includes a $50,000 bond. But prosecutors have asked the judge overseeing Combs' case to deny him bail and keep him jailed.
The detention hearing, says Rahmani, is an important event: “Obviously, being out on bond or being detained is going to make a big difference in the case, in terms of strategy and the whole appearance.”
The judge will weigh whether Combs is a flight risk or a danger to the community, Rahmani says.
“He hasn't taken off yet, so risk of flight may work in the favor of the defense,” he says.
“But danger to the community is something very different. If you have someone who, at least according to the indictment and the U.S. Attorney, is allegedly threatening witnesses and has multiple AR-15s, with obliterated serial numbers, this is pretty serious.
“I could see a judge saying, ‘Here's someone who's a danger,'" he says.
“It could easily go either way.”
Setting a Trial Date
Normally a trial takes place within 70 days of an initial appearance because defendants have a right to a speedy trial, Rahmani says.
“Most of the time defendants, waive their right to a speedy trial," he says. "So I don't expect that trial to happen within 70 days, but if Diddy insists, we would have a trial before the end of the year. That is unlikely, though.”
Fighting the Charges Before the Trial
Before the trial begins, Diddy is likely going to file motions to try to get some of the charges dismissed, he says.
“There are all sorts of pretrial motions that can be filed by the defense to attack the indictment or the evidence.”
If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.
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