Attorneys for comic Carlos Mencia are demanding his instant launch from jail, blasting what they describe as an “absurd present of pressure” after the comedian was arrested in a sweeping tax fraud case unveiled by prosecutors because the debut bust for a brand new Los Angeles enterprise crime unit.
The emergency movement, filed within the Van Nuys courthouse, comes days after Mencia, 57, was arrested at his Encino residence by a number of armed legislation enforcement brokers.
Los Angeles County District Lawyer Nathan Hochman introduced a 12-count felony tax omission case towards the comic after the arrest Thursday and branded him “one among California’s greatest tax scofflaws” as he launched the workplace’s new Enterprise Tax Fraud Unit.
Prosecutors allege Mencia did not report $8.7 million in private and company earnings between 2019 and 2024, leaving roughly $300,000 in unpaid state taxes.
However within the newly filed movement to set bail, the protection accused prosecutors of turning a monetary dispute right into a publicity stunt designed to showcase the district lawyer’s new unit.
The protection is asking the courtroom to launch Mencia on his personal recognizance or slash his bail from $250,000 to $50,000.
“Nobody argues towards the duty to pay taxes,” based on the movement obtained by The California Publish. “However the raid at his residence with a number of legislation enforcement brokers, screaming ‘search warrant’ with a bullhorn, and drawing weapons was an absurd present of pressure for the alleged offenses that don’t contain weapons, medicine or violence.”
Cole additionally challenged prosecutors’ choice to maintain Mencia jailed utilizing a maintain that may stop defendants from posting bail when authorities imagine funds have been obtained via legal exercise.
The lawyer argued the maintain is inappropriate as a result of the allegations middle on failures to report or pay taxes — offenses of omission — reasonably than claims that Mencia illegally earned his cash.
In line with the submitting, the comic amassed his wealth legally via a long time of stand-up performances and tv work, and the disputed earnings predates the tax case.
The movement argues Mencia’s continued incarceration is already inflicting extreme monetary hurt.
Court docket paperwork say he has missed 4 nights of scheduled comedy performances since his arrest, costing him as a lot as $40,000 in misplaced earnings.
“The defendant has now already paid a steep value by damaging his nationwide repute, incarcerating him for a number of days with out the chance to submit bail and lacking out on 4 nights of a booked venue the place he might have earned as much as $40,000 that he would have willingly paid to the Franchise Tax Board to begin to pay again any taxes owed,” the submitting states.
Protection attorneys are additionally looking for the return of property seized in the course of the raid, together with cellphones, laptops and the driving force’s licenses of Mencia and his spouse Amy Mencia. The submitting says the computer systems comprise “priceless proprietary info” that’s important to his performances.
To bolster their argument that Mencia just isn’t a flight threat, attorneys submitted character letters from longtime associates and colleagues.
Amongst them was producer Nicole “Nikki” Rosenson, who labored with Mencia on the Comedy Central present “Thoughts of Mencia.”
“It’s vital to me that Carlos’ character just isn’t decreased to a singular factor. He’s a loving father and a loyal, sort buddy,” Rosenson wrote, including that the comic typically helped struggling comics by giving them alternatives early of their careers.
The movement additionally says Mencia immigrated to the US from Honduras at age two and is the first monetary supplier for his spouse, two sons, his 83-year-old mom and quite a few prolonged relations.
His cousin Albert Mejia has provided to behave as surety and is ready to submit a $50,000 bond utilizing his private checking account, based on the submitting.
A proper arraignment and bail listening to are anticipated Monday on the Van Nuys courthouse.
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