Posted on 12/4/17

A man wakes up one morning, gets into his jogging gear, prepares his water and other items for a jog, leashes his dog, and gets ready for an early morning run. This routine is good exercise, gets him up in the morning, and gives him a boost to start his day. The weather outside looks perfect, with sunny skies and not too hot. Seems like a great day in the making.

The man opens the front door to find a note from the Dallas Police department that is addressed to him. The note states that the man must show up at the police station by 12pm. What was looking like a glorious day is now going south in a hurry.

The man is concerned. He has been involved in some activity that may be criminal but has never had issues with law enforcement. Should he turn himself in? Does it make sense to pretend as if he never got the notice and maybe the police will forget about him? Should he call the police to see if there was perhaps some mistake?

Prison Break

A man sits in prison or jail. A jury found him guilty of certain crimes, which he is now paying for by sitting in his cell. The man dreams of freedom where he can sleep in his own bed and go where he wants. Prior to serving time, the man worked as a locksmith and was an expert at picking locks. He considered the thought of using his skill as a method of breaking out of prison and running away. He sits in a low-security prison and is familiar with the grounds. He noticed some lapses in the compound’s security and contemplates the degree of difficulty an escape would pose. He has drawn up plans in his mind, based on his skills and expertise and possible security soft spots, wherein a prison escape would be possible.

However, whenever he thinks about escaping and how to implement a plan, he dismisses any plan as way too risky. First, everything would have to go perfectly. He would need to pick to locks with ease and the lapses in security would all have to occur at that time. Second, he would have to be right about his observations. The man never saw the compound’s plans; he merely devised a plan based on his observations as a prisoner. While he believes that his perception of the compound’s structure and its breaking points are correct, he is not completely positive of those assessments. Third, supposing he gets out of the compound, where does he go? The man will be wearing a prison jumpsuit and would need help on the outside? Who would help him? Where would he go? How would he support himself if he was living as a fugitive of the law?

Escape

TheTexas Penal Code, with respect to escape from prison, states: A person commits an offense if the person escapes from custody when the person is:

  • under arrest for, lawfully detained for, charged with, or convicted of an offense;

  • in custody pursuant to a lawful order of a court;

  • detained in a secure detention facility

Thus it is criminal to escape from prison. Not showing up to a request for arrest can also be problematic. Part 2 will discuss this in more detail.

Accused of a crime? Speak with the criminal defense firm of Christopher Abel, a board-certified criminal defense attorney.

(image courtesy of Villaraco)

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