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What is the punishment for escaping work relaese? And is it extraditable?

Grand Junction, CO |
Filed under: Criminal defense

The person is on state probation, with a sentence of 180 days in work release. For none compliance of probation from a dui and several d.u.r's. What can be done to this person if found In a different state?

Attorney Answers 3


The judge determines the extent of from where they will extradite a person from. When I was a judge in southwest Colorado and it was a misdemeanor or traffic offense like a DUI or DUR, we typically had it only apply to the 4 Corners states - Colorado, Utah, New Mexico, and Arizona. However, understand that every judge and every jurisdiction is different. The judge could have ordered a national warrant and the Court and the local law enforcement agency might be willing to extradite from Oregon to Florida and any state. That is entirely their call. Given the fact that your friend was serving 180 days work release, I can virtually guarantee you that he has ticked off both the judge and the local sheriff's department that was monitoring his work release. So, they will be willing to go to great extremes to get him back. He probably had a suspended sentence of an entire year in order to be granted the 180 days of work release. He can probably expect to serve the entire year in jail. He could also be found in indirect contempt of Court by the judge and sentenced to another 180 days CONSECUTIVE (along with) the year that was suspended. And, the local DA and law enforcement could look at escape charges as well. Your friend is in a "world of hurt" that is just going to get worse the longer he waits this out. He NEEDS to talk with an attorney as soon as possible and take the responsibility of getting this matter taken care of as soon as possible. Otherwise, with each day, the judge that gave him the privilege of work release is just going to be less and less inclined to show your friend any mercy whatsoever.

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V. Iyer

V. Iyer


Your friend better have an earth shaking reason to justify his escape but the longer he is out the lesser will be the effect of the reason for his original escape. Time is of the essence.


Attorney LeRoi is right. Your friend was given the opportunity and privilege to be able to keep his job while sentenced to jail. Judges do rightfully get upset at this behavior as it sends a wrong message for the Sheriff, DA, and the court not to do anything if someone like for friend fails to return while out on work release. Generally, when you are granted work release you may also be required to sign a waiver of extradition. This means that, if your friend signed a waiver of extradition, he cannot if extradition and will be transported to the county where he was in custody. Further, if he is transported he will be required to pay the transportation costs which csn run up to several thousands of dollars. Also most DAs will file escape charges and if found guilty of escape additional jail time is added to his existing sentence which will be a consecutive, in addition and runs after, the exiting sentence. Judges are harsh, and rightfully do, when a prisoner escapes from custody. He should consult s criminal attorney immediately to resolve these matters. Remember, he will never be granted work release again at least by this DA or Judge.

All the Best

No attorney client relationship is established or intended. Contact a local lawyer for specificity as to the facts in your case. This is for general information only. Check our website for more information as to disclaimers and information herein. I have taken no action on your problem other than to review your question nor have I given any legal advise. I want to confirm that no attorney-client relationship has been created between myself or our firm and you in connection with this matter, and that nothing in this response is legal advice to you. As you may know, the legislature and the courts can change the law in ways that may affect the strength of your case. In addition, the circumstances of your case may change. Because we do not represent you, we cannot keep track of, and inform you about, any change in the law. I must warn you that there are time limits for raising certain claims and defenses. Without taking more time to review your case, this firm nor its attorney (s) cannot properly advise about those deadlines. You may lose your claims and defenses if they are not filed in court within the time allowed. I would advise you to retain the services of an attorney as soon as possible.

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Escape is a serious crime, all by itself. So, your friend is looking at being sentenced to jail on his original case, and is looking at a new crime as well. There could be substantial jail time involved.

Judges do not like it when they give somebody a break such as work release, and then that person shoves it back in their face by taking off. I’ve seen judges insist on extraditing defendants from all over the United States for such escapes. Don’t think that your friend is going to get treated well if they wait till they are arrested and then extradited back to Colorado. It would be best if your friend contacted an attorney right away to discuss voluntarily turning himself in.

You can contact Ms Joffe at 303-757-6572, Legal disclaimer: We at the Joffe Law FIrm wish to help you. While the above answer is intended to provide general information only, does constitute legal advice, and does not create an attorney client relationship. We strongly suggest that you seek legal counsel.

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