Attorneys for comedian Carlos Mencia are demanding his immediate release from jail, blasting what they describe as an “absurd show of force” after the comic was arrested in a sweeping tax fraud case unveiled by prosecutors as the debut bust for a new Los Angeles business crime unit.
The emergency motion, filed in the Van Nuys Courthouse, comes days after Mencia, 57, was arrested at his Encino home by multiple armed law enforcement agents.
Los Angeles County District Attorney Nathan Hochman announced a 12-count felony tax omission case against the comedian after the arrest Thursday and branded him “one of California’s biggest tax scofflaws” as he introduced the office’s new Business Tax Fraud Unit.
Prosecutors allege Mencia failed to report $8.7 million in personal and corporate income between 2019 and 2024, leaving roughly $300,000 in unpaid state taxes.
But in the newly filed motion to set bail, the defense accused prosecutors of turning a financial dispute into a publicity stunt designed to showcase the district attorney’s new unit.
The defense is asking the court to release Mencia on his own recognizance or slash his bail from $250,000 to $50,000.
“No one argues against the obligation to pay taxes,” according to the motion obtained by The California Post. “But the raid at his home with multiple law enforcement agents, screaming ‘search warrant’ with a bullhorn, and drawing guns was an absurd show of force for the alleged offenses that do not involve weapons, drugs or violence.”
Cole also challenged prosecutors’ decision to keep Mencia jailed using a hold that can prevent defendants from posting bail when authorities believe funds were obtained through criminal activity.
The attorney argued the hold is inappropriate because the allegations center on failures to report or pay taxes — offenses of omission — rather than claims that Mencia illegally earned his money.
According to the filing, the comedian amassed his wealth legally through decades of stand-up performances and television work, and the disputed income predates the tax case.
The motion argues Mencia’s continued incarceration is already inflicting severe financial harm.
Court documents say he has missed four nights of scheduled comedy performances since his arrest, costing him as much as $40,000 in lost income.
“The defendant has now already paid a steep price by damaging his national reputation, incarcerating him for several days without the opportunity to post bail and missing out on four nights of a booked venue where he could have earned up to $40,000 that he would have willingly paid to the Franchise Tax Board to start to pay back any taxes owed,” the filing states.
Defense attorneys are also seeking the return of property seized during the raid, including cell phones, laptops and the driver’s licenses of Mencia and his wife. The filing says the computers contain “valuable proprietary information” that is essential to his performances.
To bolster their argument that Mencia is not a flight risk, attorneys submitted character letters from longtime friends and colleagues.
Among them was producer Nicole “Nikki” Rosenson, who worked with Mencia on the Comedy Central show Mind of Mencia.
“It’s important to me that Carlos’ character is not reduced to a singular thing. He is a loving father and a loyal, kind friend,” Rosenson wrote, adding that the comedian often helped struggling comics by giving them opportunities early in their careers.
The motion also says Mencia immigrated to the United States from Honduras at age 2 and is the primary financial provider for his wife, two sons, his 83-year-old mother and numerous extended family members.
His cousin, Albert Mejia, has offered to act as surety and is prepared to post a $50,000 bond using his personal bank account, according to the filing.
A formal arraignment and bail hearing are expected Monday at the Van Nuys Courthouse.
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