The Crime Of Escape In Los Angeles – Penal Code Section 4532
The crime of escape in any of the LA county courts or otherwise is obviously a serious charge and the person that is charged and convicted of the crime of escape will be facing a significant amount of time in prison. Obviously, our penal systems have to have some sort of integrity and people who attempt to escape or actually from penal jails or state prisons are going to be treated very harshly by the police, prosecutors and judges. In Los Angeles, there are escapes. I’ve seen them over the last twenty-five years. Sometimes people will escape from the courthouse. Sometimes people actually escape from a jail or prison. Other scenarios that people wouldn’t think about is people get some sort of home arrest or work furlough and they don’t do what they’re supposed to and then somehow the authorities jam that under the umbrella of escape, again which is a horrible thing to have on your record. Anytime you get arrested in the future, if you’ve got an escape on your record, obviously you’re going to be looking at some serious time in custody.
So, in order to be charged and convicted of escape, they’re going to have to prove that you’ve been booked and that you’re in custody, so that could be where an issue may lie in an escape case where the person doesn’t realize, or there’s an argument that they’re really not in custody under the circumstances of their case. But, if you’re in custody and you’ve been booked, and you leave that location or run away in any way, then you could be charged with escape. I’ve seen people who are in custody. They get shipped to their court case and they’re inside the courthouse and they actually leave the custody of the sheriffs and then the sheriffs actually catch them inside the courthouse somewhere or even outside the courthouse. That’s definitely an escape case and the prosecutors and judge are going to be looking to hammer you on that type of a circumstance because escape is a very serious crime. So, if you’re charged with an escaped crime, you want to get an attorney who has handled these cases before, who has had success, who knows how to either prove that you’re innocent – if you really didn’t escape and they can’t prove the elements of the case – or you need an attorney to mitigate things and show maybe you have some mental issues or there’s something else going on that the prosecutors don’t know about and needs to be brought to their attention.
That’s one big thing in escape cases or otherwise. A lot of times, it’s only a one-sided story being told, and the defendant’s version is not being gotten across. That’s where a good criminal defense attorney comes in, gets all the facts and the details because a lot of times when the police investigate these cases they’re only fishing for one side of the story. They’re not looking at both sides of the story, and that’s really important because without your side being gotten across to the prosecutors, then they’re going to look at things very harshly towards you. So, that’s where your criminal defense attorney comes in, gets your full version of events and puts together a mitigation package that can actually help you.
Defenses To Escape – Penal Code Section 4532 In Los Angeles
One defense is that you’re not in custody at the time and they can’t meet the element of a person actually being booked and in custody. So, this is obviously going to spin on the facts and circumstances of your case, so, if you feel there are issues with you even realizing you’re in custody at the time, you’re going to want to get in front a criminal defense attorney. I have people come in. We sit down and go over everything obviously. What’s said is all protected in the privacy of my office or even on the phone. It’s protected by the attorney-client privilege and we can talk freely and really get down to the nitty-gritty as to what’s going on and help you get through this difficult time. Other circumstances of where it’s not an escape is when you’re really not trying to get away from law enforcement. There are facts and circumstances to support that you really didn’t escape. A lot of time in these work furlough programs and various other programs put on by the Los Angles County sheriff’s department, people are not really trying to escape – there’s some sort of an issue that comes up that causes them not to do what they’re supposed to, so it shouldn’t really be being jammed under the umbrella of escape because it’s such a serious charge with such serious consequences. Again, that’s when you have to get an advocate on your side who understands what’s necessary to prove an escape charge pursuant to Penal Code Section 4532, knows how to defend the cases, knows how to mitigate the circumstances, and knows how to get you the best possible result for your case in Los Angeles County.
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