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  1. #1

    Default Escape Charges

    My question involves criminal law for the state of: colorado

    my friend is in county jail for escape ( missing parole curfew and not going to a PO meeting)(not reporting to his PO for 12 days)

    can he get the escape charge reduced to absconding? He did not leave colorado or the county, he did not commit any new crimes (other than escape) while on parole and did not cut off his isp ankle monitor.

    if he can get the charge to absconding will he get less time ( he is being offered 4 years in doc)?

    he has 2 prior felonies and has 1 year left on current charge(dui , not stopping right away for policeman) until it is discharged.

    also he has a parole hearing this month.....i am assuming it is to revoke his parole. can he possibly get his offer turned into less time or halfway house time ? i do believe he should have to do some time....he did not follow the rules. But 4 years seems not right. maybe he can be sentenced to serve outthe rest of his parole in jail?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Escape Charges

    No, what he wants is to see if it can be just reduced to a parole violation. It won't get changed to absconding, that's not applicable.

  3. #3
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    Default Re: Escape Charges

    Charges of both "escape" and "absconding" would likely be in reference to the following statute:
    Quote Quoting CRS 17-27-106. Escape from custody from a community corrections program.
    (1)

    (a) If an offender fails to remain within the extended limits of such offender's confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender's place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S., and all reductions in sentence authorized by part 2 of article 22.5 of this title shall be forfeited.

    (b)

    (I) In addition to the forfeiture of all reductions in sentence authorized by part 2 of article 22.5 of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section 18-1.3-301 (1) (i), C.R.S.

    (II) Repealed.
    (2) The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody.
    That is, the terms are synonymous.

    He needs to consult a lawyer with information about his criminal history, the underlying offense, prior parole issues and violations, why he chose to violate his parole, and why his parole officer is seeking a pretty severe penalty; his lawyer can then advise him. The charges you describe as the basis for his parole would normally be jail offenses, and would not normally support a four year term of incarceration - I suspect he was on parole for a much more serious crime when he committed those offenses.

  4. #4

    Default Re: Escape Charges

    first, thank you both for helping me!!!!

    while all of his crimes are to be taken seriously, none of them were too bad. If that makes sense. he has 2 felonies: theft for $800 (back then was a felony), and a dui and elluding police while on parole for the first felony. and now the escape.

  5. #5
    Join Date
    May 2011
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    Illinois
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    1,376

    Default Re: Escape Charges

    The freedom he was allowed with his first parole is what hurts him. He was granted parole before and attempted to elude the police while under the influence. He was placed back on parole and then absconded. His track record is really going to work against him. And the felony fleeing, DUI and parole violation is very bad.

  6. #6

    Default Re: Escape Charges

    yes i know it's bad. all of his charges are very serious. i was trying to say that there is no sexual offense, violent offense or anything like that. but i know his charges are not to be taken lightly at all. I was trying to find out :why the 4 years? (his sentence for which he was on parole was 3 years.), can his offer get lower with a public defender or is that it, and about the absconding. But now i understand that escape and absconding are pretty much the same thing.

    i thought a fair sentence would be that he finishes out his parole in jail day for day. which is one year until discharge.
    but i am ignorant on legal issues obviously.

  7. #7

    Default Re: Escape Charges

    can anyone help me with what the possibilities of his sentence reduction could be? And how to go about it? Should he request a different public defender?

    We all know how bad it was for him to violate parole, and that he should definetaly be punished.

    but 4 years for 12 days seems extreme.

  8. #8
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    Default Re: Escape Charges

    "I don't like the sentence offer" isn't grounds for getting a different 'public defender'. If he has the resources to hire a lawyer, he has that right.

    You've not given us any information that would suggest that the sentence is inappropriate under the governing law and sentencing guidelines. You seem to be stating that this is an offer that he is free to reject, should he prefer instead to take his chances in court.

  9. #9

    Default Re: Escape Charges

    well i do not know the sentencing guidelines. i think that is my problem....i do not know anything about any of this. I am trying to learn. yes the 4 years he is free to reject. but i was wondering if a new offer is possible or if a new public defender is needed for that. his next court date is november 22. he can plead guilty at that point and get the 4 years.
    or can he not enter in a plea yet and wait for a better offer? or is that the best offer he is going to get?

    he does not have money for a private attorney.

  10. #10
    Join Date
    May 2011
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    Illinois
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    Default Re: Escape Charges

    You are looking at it from a biased perspective. Take yourself out of the situation and look at the circumstances. A charge of felony theft. Not the worst charge but, bad nonetheless. Then a violation of parole, which can be waayyyy more significant than a violation of probation. Primarily becasue the offender has already had a taste of the prison experience prior to screwing up and doing the felony DUI that puts him back in. Then, he gets out again and violates again.

    From an outside perspective, does it really sound too extreme? Where does his accountability come in?

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