If a convicted felon escapes from prison, are they given another trial?

RevanWright · Sep 28, 2018

So let's say someone is tried and convicted of attempted murder, and goes to prison. That person then escapes from prison and is caught by the authorities the very next day. Would he be put on trial for the escape, or would the extra time be decided and automatically added to his sentence without him ever going back to court?

neandermagnon · Sep 28, 2018

What country is this in? The rules will vary by country. If it's in the USA then quite often this sort of thing varies by state as well.

RevanWright · Sep 29, 2018

US, Michigan. I'm trying to read up, but it's been difficult to find anything specific.

RevanWright · Sep 29, 2018

neandermagnon said:
What country is this in? The rules will vary by country. If it's in the USA then quite often this sort of thing varies by state as well.

Nevermind, I just found Michigan's law concerning this. I hadn't thought to search by state until you mentioned that. Thanks a lot!

Turns out there will be a trial for escaping, punishable by no more than 5 years added to the sentence.

ironmikezero · Sep 29, 2018

Post-capture, the escapee must be charged with the crime of escape (pursuant to that state's criminal code). Most likely, the case would be presented to a grand jury who would return an indictment. An arrest warrant would be issued (a detainer based on the outstanding warrant filed with the detention facility). The defendant is subsequently presented before the court of jurisdiction for an initial appearance, possible appointment of counsel and arraignment (formal notification of charges). A plea may be entered, bail/bond considered (typically moot in escape cases) and dates determined for relative procedural hearings (motions, etc.).

jclarkdawe · Sep 29, 2018

As well as the legal proceedings in the courts, there would be an administrative hearing as well by the prison. His security status will be upgraded to maximum security (most inmates are medium security level), good time credits would be lost, privileges would be lost, and there's a high probability of a transfer. He would henceforth be transported in cuffs and shackles, and under extremely close watch. He can be expected in be in a cell by himself for at least the next few months 23 hours out of 24, and the hour out would probably be in a private exercise area.

Jim Clark-Dawe

WeaselFire · Oct 1, 2018

What's his original murder sentence? If he's already doing life without parole then there's often no trial, just the administrative charges at the prison.

Also, there can be other charges related to the escape. Theft, assault, even murder are common.

Jeff

GregFH · Oct 8, 2018

ironmikezero said:
Post-capture, the escapee must be charged with the crime of escape (pursuant to that state's criminal code). Most likely, the case would be presented to a grand jury who would return an indictment. An arrest warrant would be issued (a detainer based on the outstanding warrant filed with the detention facility). The defendant is subsequently presented before the court of jurisdiction for an initial appearance, possible appointment of counsel and arraignment (formal notification of charges). A plea may be entered, bail/bond considered (typically moot in escape cases) and dates determined for relative procedural hearings (motions, etc.).

Only a minority of states today require a grand jury. In the others, the most common procedure is that the prosecutor will issue an indictment, and a preliminary hearing will follow to determine whether there is enough evidence to sustain the indictment against a challenge.

If a convicted felon escapes from prison, are they given another trial?

RevanWright

inconveniently drunk

neandermagnon

Nolite timere, consilium callidum habeo!

RevanWright

inconveniently drunk

RevanWright

inconveniently drunk

ironmikezero

practical experience, FTW

jclarkdawe

Feeling lucky, Query?

WeaselFire

Benefactor Member

GregFH