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In this article, Tulsa criminal defense attorney Stephen Cale discusses crimes of escape from lawful custody. A person may be convicted of escape from a peace officer if the state proves beyond a reasonable doubt that a person escaped from a peace officer after being lawfully arrested or detained by the peace officer. One may also be charged with the crime of attempted escape.
Penalties for escape and attempted escape very depending on the basis for the arrest. So, for example, the defendant was arrested for misdemeanor and escapes may be guilty of a misdemeanor. On the other hand, a defendant who is arrested for felony and escapes may be guilty of a felony. At any rate, proof of a felony or misdemeanor charges not necessary for conviction of escape or attempted escape from a peace officer.
If a person kills another while escaping from a misdemeanor arrest, a murder in the 1st° charge would not be proper. This type crime is different a crime of escape from a penal institution. A person may be convicted of escape from a penal institution at the state proves beyond a reasonable doubt that the person escaped from the county or city jail while awaiting charges for a filling if defense were awaiting trial rather been sentenced on a felony charge of the department of corrections or having been lawfully detained all he or she is actually in the custody of the facility. Custody means either imprisonment by physical means or restrained by a superior force acting as a moral restraint. Skate means departure from custody with or without force, whether from the custody of an officer or any place where one is lawfully confined.
An author unauthorized entry into a penal institution means that a person is willfully gained entry is unauthorized to a prison, jail, place where prisoners are located, or the grounds a penal institution. There are several things that are considered contraband and they are not allowed into a jail or prison. In fact, one can be charged with possession of her brain contraband into the prison or jail. To be convicted of the crime of possessing a brain contraband into the prison or jail, the state must prove the unoriginal doubt that the person did not have authority to bring possess a gun, knife, bomb, dangerous instrument, controlled drug, drink containing more than half a percent of alcohol by volume, or money, into a jail or prison or place where prisoners are located.
Sometimes people will not show up for court and thereupon will be forfeited. Being on the run while out on bail land you an additional charge. A person can be convicted of jumping bail of the state proves the unoriginal doubt that the defendant was admitted to Bell or release on recognizance bond in connection with a felony charge or pending appeal, and the defendant incurred a forfeiture of Bell and willfully failed to surrender himself within five days after the forfeiture. It’s times like this that you need the best Tulsa criminal defense attorney.
Removing an electronic monitoring device such as an ankle bracelet can also get you in big trouble. A person can be convicted of removal of an electronic monitoring device of the state proves beyond a readable doubt that the person was charged with a felony or misdemeanor and had posted bail, and the person was required to wear an electronic monitoring device is a condition of Bell, and a person removing device without authorization from the court.
A person can be charged with resisting an officer if the person knowingly uses force or violence to resist an officer in the performance of his or her official duties. If a peace officer lacks authority to arrest a person without an arrest warrant and attempts to do so, the officer is a trespasser in the person sought to be arrested may resist. However, a person may only use reasonable force resisting an unlawful arrest. The Court of Criminal Appeals stated the right to resist an unlawful arrest is limited in various circumstances. If the official character of the officers known to the person sought to be arrested, or if the officer informs him of his official character and his reasons for arrest and the person sought to be arrested has no reason to fear any treatment other than detention, is not justifiable use of a deadly weapon and resisting the arrest.
However, in another case defendant was arrested and charged with breach peace and public intoxication. The defendant resisted the officer in officer’s effort to make an arrest. Consequently, the defendant was also charged with resisting an officer and with assault and battery upon the police officer. The defendant was acquitted of the public intoxication and breach of peace charges. However, he was convicted of resisting an officer and for assault and battery upon the police officer. On appeal though, the defendant claimed that since you been acquitted of the charge of forming the basis of his arrest a public offense for in fact been committed in the officer’s presence and his arrest was unlawful. However, the Court of Criminal Appeals snubbed by this argument.
So it appears that if an officer’s mistake is honest and reasonable, the rest is lawful. The court did state however that mere suspicion or it would not justify a warrantless misdemeanor arrest and information supplied to the other person not suffice. Additionally, the Court of Criminal Appeals has held that it’s improper to charge the defendant with both resisting an officer and with assault and battery upon a police officer for the same conduct by the defendant occurring during the same transaction.
A person can be convicted of obstructing officer if a person has both went to later obstruct that officer in the discharge of the officer’s duties. However, the person must know that the other is a police officer. A person does not have to use physical force to be guilty of obstructing an officer in the performance of his or her duties. The Court of Criminal Appeals is held that words alone may suffice to support a conviction for obstructing an officer. For the best Tulsa criminal defense attorney call 918-277-4800.