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Escaping from detention and absconding from parole are indictable offenses in New Jersey that can carry a maximum sentence of 10 years in prison and a $150,000 fine. Facilitating another person’s escape is penalized equally, and prison personnel who “knowingly or recklessly permit an escape” can face long-term imprisonment as well.
Our attorneys provide experienced legal representation for individuals charged with escape and parole violations in Haddon Heights, NJ. These cases often present challenging legal and factual issues, and mitigating the consequences of an arrest for escape requires a thorough understanding of the law and the various defenses that are available. With decades of experience handling criminal cases throughout New Jersey, our Haddon Heights criminal defense lawyers can make sure the consequences of your arrest are no greater than absolutely necessary.
The crime of escape is defined in Section 2C:29-5 of the New Jersey Code of Criminal Justice. Under Section 2C:29-5a., a person is guilty of escape if he or she:
“without lawful authority removes himself [or herself] from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.”
“Official detention” includes being under arrest, being detained on a warrant pending trial, being incarcerated for a criminal offense, and being detained for extradition or deportation.
Under Section 2C:29-5b., a person is guilty of absconding from parole (which is considered a form of escape) if he or she:
“goes into hiding or leaves the State with a purpose of avoiding supervision. . . . Abandoning a place of residence without the prior permission of or notice to the appropriate supervising authority shall constitute prima facie evidence that the person intended to avoid such supervision.”
Examples of actions that can lead to charges for escape in New Jersey include:
Under Section 2C-29-5c., a person can be charged with escape if he or she “knowing causes or facilitates an escape;” and, as noted above, prison guards can be charged if they knowingly or recklessly permit an inmate to escape from custody. Facilitating escape is a third-degree offense unless it involves force, threat or use of a deadly weapon or dangerous instrumentality, in which case it can be charged as a second-degree offense. Providing a “weapon, tool, instrument, document or other thing which may be used for escape” is a crime in New Jersey as well under Section 2C-29-6, and this can be charged as either a second or third-degree offense.
If you are facing an escape charge in Haddon Heights, it is critical that you speak with an attorney as soon as possible. A conviction for escape on your record has severe consequences if you are incarcerated. Individuals with escape convictions are placed in maximum security and are not eligible for many programs that reduce the days spent incarcerated and their eligibility for parole is also delayed. To discuss your case with an attorney at Helmer, Conley & Kasselman, P.A. for free, please call (877) 435-6371 or send us your contact information online now.
Don’t let your rights be jeopardized.