Hypothetically, if someone is held for a crime and escapes custody (without injuring anyone or damaging property) and, while on the lamb, is exhonerated for the crime that he was detained for, do the authorities still pursue charges for escape?
2006-11-16 03:04:14 · 7 answers · asked by psychosolodiver 6 in Politics & Government ➔ Law & Ethics
They are set free, and if they're lucky, they may get an apology from a court.
This has happened before, so its not hypothetical. It's fact. The law.
2006-11-16 03:07:11 · answer #1 · answered by xenypoo 4 · 0⤊ 1⤋
Absolutely. Escape from custody is a separate crime, and can be a particularly serious one. I know in the movies when the good guy is falsely accused, escapes to "clear his name," and then turns out the hero, no one talks about the escape. But escape is dangerous--it puts the lives of many people on the line, makes trigger fingers nervous, costs enormous amounts of state resources, causes fear in the community, and encourages other convicts to escape. Therefore, I would guess that authorities would almost always pursue escape charges if the person was exhonerated for the underlying crime.
2006-11-16 11:08:23 · answer #2 · answered by Perdendosi 7 · 2⤊ 0⤋
Kinda like Marth Stewart is charged with insider trading, found innocent, but put in jail for lying to authorities?
In an ideal world, Martha never would have gone to jail, and neither should the innocent man. However, in this day and age, process crimes are bad too and the person will go to jail.
2006-11-16 11:20:27 · answer #3 · answered by lundstroms2004 6 · 1⤊ 0⤋
They are still brought to trial on the escape charge. Saw it happen many times.
2006-11-16 11:50:27 · answer #4 · answered by Perk1973 3 · 1⤊ 0⤋
i have seen this happen
escape is a felony with a 1 year sentence
he may get the time he had already served applied to this
but if he were in jail for a petty crime doing say 90 days...
he's going to be going to prison
2006-11-16 11:11:00 · answer #5 · answered by Anonymous · 0⤊ 1⤋
well, escaping from prison is a federal offence. so i think that escaping would have been counter-intuitive, b/c now you have a federal charge even though the original charge that got you there was bogus
2006-11-16 11:26:48 · answer #6 · answered by ekenny513 5 · 1⤊ 0⤋
I think they would be excused from the break out for not truly being guilty of the crime.
2006-11-16 11:06:21 · answer #7 · answered by dr_salvadore@verizon.net 2 · 0⤊ 1⤋