Can a person be convicted of felony escape if said subject wasn’t booked into jail when he ran? 8 Answers as of May 21, 2013

Can a person be charged with (felony) escape if he or she wasn’t booked into the jail at time they ran from the front door of police station that would be resisting arrest I’m thinking. Maybe misdemeanor escape.

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
If she was in custody and escaped, it is felony excape. Formal custody is not required.
Answer Applies to: Washington
Replied: 1/2/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Pure shit. You do not get to pick your crimes or your punishment. Argue the case to the judge, or retain an attorney.
Answer Applies to: Georgia
Replied: 12/23/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
It would be an escape from custody of some sort. What it is would depend on the facts and the laws of where this happened.
Answer Applies to: Michigan
Replied: 12/18/2012
The Law Office of Jared Eisenstat | Jared Eisenstat
Yes, it is escape from custody that counts not the fact they were inside a jail or prison.
Answer Applies to: California
Replied: 12/18/2012
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Yes if he was in custody.
Answer Applies to: Nevada
Replied: 12/18/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. You can for sure in Alabama.
    Answer Applies to: Alabama
    Replied: 12/17/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    It doesn't appear to be resisting arrest. With regard to gradation, this is what the statute says: (d) Grading. (1) An offense under this section is a felony of the third degree where: (i) the actor was under arrest for or detained on a charge of felony or following conviction of crime; (ii) the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape; or (iii) a public servant concerned in detention of persons convicted of crime intentionally facilitates or permits an escape from a detention facility. (2) Otherwise an offense under this section is a misdemeanor of the second degree.
    Answer Applies to: Pennsylvania
    Replied: 12/17/2012
    Law Office of Savyon Grant
    Law Office of Savyon Grant | Savyon Grant
    Answer Applies to: New Jersey
    Replied: 5/21/2013
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