The 54-year-old rapper was arrested in New York in September and he remains behind bars as he awaits trial on sex trafficking and racketeering charges after being denied bail but his lawyer Alexander Shapiro has filed paperwork with the US Court of Appeals for the Second Circuit asking for Combs to be freed until his case gets to court.
The documents - obtained by PEOPLE and filed on Tuesday - state: "(Combs) was not released pending trial, even though he offered to comply with restrictive conditions that would have prevented any conceivable risk of flight or danger ... (The court) rejected a plainly sufficient bail package ... (and) violated its obligations under the Bail Reform Act ...
"Mr. Combs is presumed innocent. He travelled to New York to surrender because he knew he was going to be indicted. He took extraordinary steps to demonstrate that he intended to face and contest the charges, not flee.
"He presented a bail package that would plainly stop him from posing a danger to anyone or contacting any witnesses. Under the Bail Reform Act, 'liberty is the norm, and detention prior to trial or without trial is the carefully limited exception'."
Lawyer Gloria Allred with alleged Sean "Diddy" Combs victim Thalia Graves in Los Angeles. (AP PHOTO)
Combs has pleaded not guilty to charges of racketeering conspiracy, sex trafficking by force, fraud, or coercion and transportation to engage in prostitution. He was denied $US50 million ($A74 million) bail and is currently being held at Brooklyn's Metropolitan Detention Center.
The star was first denied bail on September 17 and his team quickly filed an appeal but this second attempt to be granted bail was denied a day later.
During the second hearing, Judge L Carter of the United States District Court for the Southern District of New York said: "There is no condition or combination of conditions to ensure he will not obstruct justice or tamper with witnesses."
Combs' next court date has been set for Thursday.
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