Q: Can you be charged with escape if officers leave the bullpen doors and hallway doors unlocked and you walk out?
My fiancé was waiting to see the judge and the court officers took his shackles and cuffs off of him only. Then they left the bullpen and hallway doors unlocked, and also left the holding area. He was unguarded and walked out. Now he is being charged with escape and evading arrest. Can they do this by law?
A: Regardless of the lapse in judgment on the Officers part, if you are being detained for any reason with our without restraining devices, you are committing a crime by attempting to leave. Your fiance was clearly aware that he was in custody, so its no defense that the Officers removed his shackles, cuffs, and left doors open. Your fiance was properly charged with escape.
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