Escape is charged in Fort Collins and Larimer County when a person who is supposed to be confined to Larimer County Jail or Colorado Department of Corrections somehow gets out of that confinement through illegal means. A county jail is likely embarrassed about a recent Escape, because, honestly, it was quite ridiculous. According to the report, a man was set to be released from the jail. When the deputy arrived at his cell, the three inmates inside were all sleeping. The deputy asked which one was the inmate to be released and one man sat up and claimed to be him. He was escorted from the cell, signed discharge papers, provided his property, and then walked out the doors. Too bad later the actual inmate who was supposed to be released asked a deputy about when that would be happening. The jail quickly realized their mistake. The man falsely signed his cellmate’s name, took his ID, changed into his cellmate’s street clothes and walked to his freedom. On top of the drug charges he was in custody for, he is now facing additional charges of Escape, Criminal Impersonation, Forgery, and Theft. As a defense, the jail claimed the two men looked alike – I mean, come on!
Fort Collins Escape Lawyer: Definition of Cellmate Escape in Colorado
The Larimer County, Colorado, law definition of Escapes – 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 2 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 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility.
(5) A person commits a 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.
So, the underlying crime is key for determining the charge level. Because it seems that the sneaky cellmate was not sentenced for his charges, he would either be facing the class 4 felony Escape charge (subsection 3) or the petty offense Escape charge (subsection 5), depending on whether his drug case was a felony or misdemeanor.
If you or someone you love has been charged with Escape, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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