Wednesday, June 22, 2011

Houdini Teenager Escapes from Louisville Hall of Justice Holding Cell

Feel free to click on the above link for the whole story - I feel compelled to write a blog post on the issue because I just find it hilarious.  But there's nothing I can say that lends much to the above story.  Click above and enjoy.

Here are a couple of other issues concerning escape:

Question 1) Is it considered escape if I am under arrest and I kick the back window out of a police car?

You wouldn't believe how often that happens.  Let's call our subject "Bob."  Bob is possibly intoxicated and would rather not be arrested.  In fact, he is downright anti-being arrested.  So when Bob is confined to the back seat of a cruiser, he tries to cause as much ruckus as possible.  For some people, that means kicking out a window.  When it does, police tend to charge a person with escape, even if the only thing that leaves the cruiser is Bob's recently bloodied foot/ankle.

If a police officer charges Bob with Escape in the first degree, he is over-charged.  Escape in the first requires "the use of force or threat of force against another person."  If the reason Bob is in the cruiser is because he has been charged with a felony, it could be Escape in the second degree, which is a Class D felony.  If Bob was only arrested for a misdemeanor, such as DUI, first offense, then Bob hasn't committed a felony by "escaping."  This could possibly be Escape in the third degree, which is a Class B misdemeanor.

All of this, of course, depends on the definition of the word "escape" which is conveniently located in KRS 520.010(5). "Escape" means departure from custody or the detention facility in which a person is held or detained when the departure is unpermitted, or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period[.]"

I think most people would agree that if Bob is in the back of a cruiser, handcuffed, with his bloody foot hanging out of a newly broken cruiser window, that Bob has not actually made a "departure" from his custody.  In fact, he is still very much in custody.  However, Bob might still have committed felony Criminal Mischief (police cruiser windows are VERY expensive, apparently).

So, no.  Even though you will be charged with a slew of crimes, kicking out a cruiser window is probably not actually "escape."

Question 2:  Is it considered escape if I go somewhere else during work release from jail?

Yes.  It is most likely a "departure from custody" if you have been granted work release, but instead of work, you go to Wal-Mart.  Or, if you actually go to work, but you take a long lunch break to have a "date" with your girlfriend.  Nothing will get your work release terminated, and add charges to your record, like getting a girl preggers while you're supposed to be laying brick.

Escape is a serious charge, and can often be a felony.  If you have a Louisville Escape charge, or if you are charged with Escape in Lexington, Frankfort, Elizabethtown, or the surrounding areas, call 502.618.4949.  Get an experienced criminal defense lawyer from Gruner & Simms, PLLC on your side.  Results.  As fast as the law will allow.

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