Q: why didn’t Cosby have to go to jail after he was found guilty

A: When a person is found guilty through the trial process, the next step is for the government to move for sentencing.   Within that request, the government is always free to ask that the Court revoke bail (if the defendant is at liberty and held on bail), or that the Court impose certain conditions upon the defendant while he or she awaits sentencing, but this request must be grounded in facts that warrant such a request.  Most often the government may argue that the person is a flight risk or that now convicted, they pose a higher safety risk to the victim or to the community. The Judge makes this decision under the facts and circumstances of each case.

 

In Cosby’s case, the prosecutor did ask for these things post-verdict and asked that the bail be revoked until such time as the sentencing hearing took place.  The prosecutor argued that Cosby has financial resources, and a private plane, thus making him a flight risk.  The Court declined to revoke his bail, citing Cosby’s age and health as reasons, but did order that he Cosby surrender his passport.