Say you were sentenced to 20 years for major theft, but you innocent. After a year or two you attempt to break out, but don't succeed and get caught in the act. You've caused a bit of damage (but nothing serious) and so, naturally, your sentence increases. What if after a while longer you're found innocent of your original crime. Would you be set free? Or would you still have to serve some sort of sentence for attempting to escape?
2006-12-30 10:55:25 · 11 answers · asked by Phantom 2 in Politics & Government ➔ Law & Ethics
I assume you would serve for the damage you caused in breaking out.
Imagine going to prison for a false child molestation charge and you kill someone in a fight over that and are then found innocent of the child molestation. You would stay for the manslaughter charge.
Who ever said that life is fair.
An interesting point is, what if your proof would only happen if you do break out to investigate and solve the original crime. Then it is hard to keep you in prison since you did the job for the police that they were unable to do.
2006-12-30 11:03:49 · answer #1 · answered by vincent 4 · 2⤊ 0⤋
Where I come from the charge is called escape from lawful custody. The fact that you were convicted and sentenced (even if wrongly) makes the custody lawful until the original conviction is set aside. Therefore, by escaping, you have committed the separate crime of escaping from lawful custody.
Of course that does not mean that you would not be pardoned if the original conviction is overturned.
2006-12-30 13:22:41 · answer #2 · answered by iansand 7 · 0⤊ 0⤋
If you are sent to prison because the court and jury deemed you guilty, you will have to serve the time until the sentence is appealed. Even if you are essence 'innocent' the crime you were sent to jail for.
If you were to break out of prison,it may depend on a few matters, if court is leanient they may drop the charges. Also it may be dependant on how many years you have already served.
2006-12-30 11:09:12 · answer #3 · answered by trysssa999 3 · 1⤊ 0⤋
If he hadn't stolen the vehicle and gun or assaulted his legal professional or held the marshal hostage then he might want to were enable off. yet because he dedicated those crimes he will in all likelihood ought to do time for those crimes. As for the breaking out , if he had merely broke out and performed not something else he does not were despatched lower back to penitentiary because if he change into threat free of what he change into of their for then he shouldn't were of their so for this reason he couldn't are growing to be into worry for breaking out. yet as long as no human being change into heavily injured i might want to assert he might want to gett off without doing time for the attacks and robbery because he did spend a even as in penitentiary already for against the law he did not commit
2016-12-01 08:34:19 · answer #4 · answered by ? 4 · 0⤊ 0⤋
No, Because you were innocent in the first place. You are not innocent of breaking out of preson, but you did not do the crime you were in prison for.
2006-12-30 10:59:59 · answer #5 · answered by {©helsea} 3 · 0⤊ 0⤋
You would have to serve the time for attempting to escape, unless you had a really good lawyer who could get those charges dismissed.
2006-12-30 10:59:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
LOL, that's a pretty good question. I'm quite sure though that the authorities would free a person who was wrongly sent to prison.
2006-12-30 11:01:58 · answer #7 · answered by The Scorpion 6 · 0⤊ 0⤋
I would think u would be found innocent
2006-12-30 11:03:11 · answer #8 · answered by teddy 2 · 0⤊ 0⤋
you would be set free
2006-12-30 10:59:19 · answer #9 · answered by glamour04111 7 · 0⤊ 0⤋
You'd have to ask your lawyer!
2006-12-30 11:04:09 · answer #10 · answered by Anonymous · 0⤊ 0⤋