Andrew and Tristan Tate Ask Judge to Release Them on Bond

Andrew and Tristan Tate are asking a federal judge to set bail so they can be released from prison pending trial.

According to court docs obtained by TMZ, the brothers filed a petition Wednesday seeking immediate release on bond. The court has refused to set bond pending the courts decision on whether to extradite them to the United Kingdom to face trial.

The Tates argue prosecutors have failed to show they are flight risks or a danger to the community. They claim they have no criminal history in the United States and complied with release conditions during their legal battles in Romania.

Their attorneys also argue the presumption against bail in extradition cases is based on a misreading of a 123-year-old Supreme Court decision ... saying electronic monitoring or home detention could ensure the brothers appear for future proceedings.

Andrew and Tristan were arrested in Miami July 18 on provisional warrants issued at the United Kingdom's request. British prosecutors have accused them of rape, sexual assault, human trafficking and other alleged sex crimes tied to conduct between 2010 and 2017.

The Crown Prosecution Service announced 32 additional charges against Andrew including rape, trafficking for sexual exploitation, assault and offenses involving indecent images of a child and extreme pornography and six additional charges against Tristan, including rape, sexual assault and trafficking for sexual exploitation. The brothers have denied all allegations.

The petition argues the brothers complied with Romanian court requirements, traveled internationally without fleeing and that there was no urgent need for their arrest in the United States.

They have been held in the Special Housing Unit at the Federal Detention Center in Miami since their arrests. Their attorneys claim the conditions include limited recreation, one phone call per month, no television and limited commissary access.