Escape is charged in Fort Collins and Larimer County when a person evades remaining in custody, whether it be walking away from a community corrections facility or actually sneaking out of a locked facility. A man recently made his situation much worse after he tried to escape out of the Denver Detention Center through the trash bin. According to the report, the man was arrested on a probation violation and was in the intake area, when he snuck into a large trash bin and hid under bags of trash. The bin was taken to the trash compactor room and the bin was overturned by a dumping mechanism into the trash compactor. The man could be seen on surveillance video falling into the compactor. He quickly jumped out and attempted to flee, but was quickly apprehended. He now faces charges for Escape.
Larimer County Escape Lawyer: How is a Trash Bin Escape Charged in Colorado?
The Larimer County, Colorado law definition of Escape – C.R.S. 18-8-208 – is:
(2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement.
(3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement.
(4) A person commits a class 3 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement.
(4.5) A person commits a class 3 misdemeanor if he or she has been committed to the division of youth services in the department of human services for a delinquent act, is over eighteen years of age, and escapes from a staff secure facility as defined in section 19-1-103 (101.5), other than a state-operated locked facility.
(5) A person commits a class 1 petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement.
(6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16, C.R.S.:
(a) Commits a class 1 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed;
(b) Commits a class 1 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado;
(c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado.
Basically, Escape is charged based on the underlying crime for which the person is in custody and the status of the case. So, if someone is arrested and charged, but not yet convicted of a class 4 felony, and then escapes, that person would be facing a class 4 felony Escape charge. However, if the person had been convicted of a class 4 felony and then escapes, that person would be facing a class 3 felony Escape charge.