# Falsely convicted prison escape - Free? **URL:** \ **Category:** Factual Questions\ **Created:** [February 14, 2010, 9:52pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997 "2010-02-14T21:52:06Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [February 14, 2010, 9:52pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/1 "2010-02-14T21:52:06Z")
So here is the situation. 15 years ago I got picked up off the street because I fit the description of a rapist on the lose. To make a long story short, the woman said I did it, it was a long trial, I’m in the slammer for 20 years. The problem is that I didn’t commit the crime and am an innocent man. Because I felt like I deserved freedom, I escaped from prison 5 years ago (at the 10 year mark). Maybe my mother’s basement wasn’t as great a hiding place as I thought, and they caught me. Since escaping from prison is a felony everywhere (I assume), I am back in the Big House for another say… 10 years added on. Tomorrow they are wrapping up all sorts of DNA re-investigations, and they will find out that I am a innocent man from all those years ago. Am I free, or do I still have to serve time from the prison escape when I never should have been in prison anyway? For the time being, I will keep it that simple. I will ignore other possible problems like stealing clothes off a clothes line when I was on the run and “resisting arrest” when they recaptured me. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [February 14, 2010, 9:57pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/2 "2010-02-14T21:57:45Z")
I always kinda wondered if the guy in The Fugitive did time for resisting arrest. ---
**Author:** ![ivn1188](https://avatars.discourse-cdn.com/v4/letter/i/e480ec/32.png) [@ivn1188](https://boards.straightdope.com/u/ivn1188)\ **Post date:** [February 14, 2010, 10:03pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/3 "2010-02-14T22:03:05Z")
Escaping is still a crime. It’s possible/likely that the state will refrain from prosecuting you, especially given that it would be a bargaining chip in negotiations about your impending lawsuit against them. However, if they wanted to, they could certainly punish you for escaping. ---
**Author:** ![bardos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bardos/32/1069_2.png) [@bardos](https://boards.straightdope.com/u/bardos)\ **Post date:** [February 14, 2010, 10:05pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/4 "2010-02-14T22:05:17Z")
most federal and state prisons do not give inmates access to the Internet. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [February 14, 2010, 10:07pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/5 "2010-02-14T22:07:22Z")
> [@ivn1188](#): > > Escaping is still a crime. It’s possible/likely that the state will refrain from prosecuting you, especially given that it would be a bargaining chip in negotiations about your impending lawsuit against them. In the OP’s scenario, he isn’t cleared of his rape until long after he’s sentenced for his escape. So there isn’t really an option for the State to not prosecute. ---
**Author:** ![yabob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yabob/32/2821_2.png) [@yabob](https://boards.straightdope.com/u/yabob)\ **Post date:** [February 14, 2010, 10:13pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/6 "2010-02-14T22:13:34Z")
Plus, if the DA went ahead and prosecuted, it would seem to be the sort of situation where the Governor would step in and issue a pardon to score PR points if you became a cause celebre. Which would likely happen, if you appeared sympathetic in the media coverage of the case. ---
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [February 14, 2010, 10:21pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/7 "2010-02-14T22:21:52Z")
> [@bardos](#): > > most federal and state prisons do not give inmates access to the Internet. It is a hypothetical. I am not really in prison. I am far too dashing and personable for a jury to convict me on circumstantial evidence. ---
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [February 14, 2010, 10:25pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/8 "2010-02-14T22:25:10Z")
> [@ivn1188](#): > > Escaping is still a crime. It’s possible/likely that the state will refrain from prosecuting you, especially given that it would be a bargaining chip in negotiations about your impending lawsuit against them. > > However, if they wanted to, they could certainly punish you for escaping. Simplicio is right. My escape and escape conviction were several years ago. I still have more years to serve on my rape conviction and then the escape conviction years will begin. ---
**Author:** ![ivn1188](https://avatars.discourse-cdn.com/v4/letter/i/e480ec/32.png) [@ivn1188](https://boards.straightdope.com/u/ivn1188)\ **Post date:** [February 15, 2010, 12:01am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/9 "2010-02-15T00:01:24Z")
> [@Hermitian](#): > > Simplicio is right. My escape and escape conviction were several years ago. I still have more years to serve on my rape conviction and then the escape conviction years will begin. Doesn’t matter. Whatever time you get for your escape can be waived as time served/good behavior, etc, if the state so desires. There are plenty of options available for the state to reduce or vacate a conviction if they need to, plus executive remedies like a pardon. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [February 15, 2010, 12:37am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/10 "2010-02-15T00:37:10Z")
> [@Hermitian](#): > > […]For the time being, I will keep it that simple. I will ignore other possible problems like stealing clothes off a clothes line when I was on the run and “resisting arrest” when they recaptured me. Did you also steal a pie that was setting in front of a kitchen window to cool? ---
**Author:** ![CTburns](https://avatars.discourse-cdn.com/v4/letter/c/a5b964/32.png) [@CTburns](https://boards.straightdope.com/u/CTburns)\ **Post date:** [February 15, 2010, 1:18am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/11 "2010-02-15T01:18:18Z")
> [@Hermitian](#): > > It is a hypothetical. I am not really in prison. I am far too dashing and personable for a jury to convict me on circumstantial evidence. And you had all the lingo down and everything. Had me convinced! ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [February 15, 2010, 1:49am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/12 "2010-02-15T01:49:33Z")
As others have said, your actual guilt or innocence in your original conviction has nothing to do with your escape conviction. If the judge signed the sentencing order, you were being lawfully imprisoned. And escaping from lawful imprisonment is a crime. And one you’re genuinely guilty of. Think of it as the equivalent of resisting arrest. Suppose the police officer mistakenly thinks you committed a crime and arrests you. You know you’re innocent. So you jump out of the back of the police car and make a run for it. At the trial for your first crime you’re found innocent. Then you go to your second trial, where you’re convicted. You were under arrest and you did resist - you’re genuinely guilty of breaking that law. ---
**Author:** ![virtually\_yours](https://avatars.discourse-cdn.com/v4/letter/v/a587f6/32.png) [@virtually\_yours](https://boards.straightdope.com/u/virtually_yours)\ **Post date:** [February 15, 2010, 2:11am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/13 "2010-02-15T02:11:02Z")
> [@Hermitian](#): > > So here is the situation. 15 years ago I got picked up off the street because I fit the description of a rapist on the lose. To make a long story short, the woman said I did it, it was a long trial, I’m in the slammer for 20 years. > > The problem is that I didn’t commit the crime and am an innocent man. Because I felt like I deserved freedom, I escaped from prison 5 years ago (at the 10 year mark). Maybe my mother’s basement wasn’t as great a hiding place as I thought, and they caught me. Since escaping from prison is a felony everywhere (I assume), I am back in the Big House for another say… 10 years added on. > > Tomorrow they are wrapping up all sorts of DNA re-investigations, and they will find out that I am a innocent man from all those years ago. Am I free, or do I still have to serve time from the prison escape when I never should have been in prison anyway? > > For the time being, I will keep it that simple. I will ignore other possible problems like stealing clothes off a clothes line when I was on the run and “resisting arrest” when they recaptured me. No jail lawyers in there to help you with this? Public defender? Review the case of Dr Richard Kimball. he escaped and proved his innocence, I don’t think he as charged with escape. 🙂 virtually yours, Virtually Yours ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [February 15, 2010, 6:13am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/14 "2010-02-15T06:13:47Z")
A crime is a crime is a crime. You have escaped prison while under a lawful order of incarceration. Guilty. ---
**Author:** ![Bogeyman](https://avatars.discourse-cdn.com/v4/letter/b/3e96dc/32.png) [@Bogeyman](https://boards.straightdope.com/u/Bogeyman)\ **Post date:** [February 15, 2010, 10:51am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/15 "2010-02-15T10:51:56Z")
In Germany you might get away with it. Escaping from prison as such is not a crime under German law. However, you can be prosecuted for any crimes (bribing the director of the prison, overpowering a guard, damage to property like filing through bars, etc.) committed during the escape. The reasoning behind this seems to be that wanting to be free is such a fundamental human response that it should not be punished. But of course the police will try and get you back. Also, please note that inciting a mutiny to escape, resisting a LEO in the execution of their lawful activities, helping somebody else escape, jaywalking while running from the cops, etc. are crimes and misdemeanors. ---
**Author:** ![One\_And\_Only\_Wanderers](https://avatars.discourse-cdn.com/v4/letter/o/838e76/32.png) [@One\_And\_Only\_Wanderers](https://boards.straightdope.com/u/One_And_Only_Wanderers)\ **Post date:** [February 15, 2010, 10:59am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/16 "2010-02-15T10:59:51Z")
If you served 10+ years for the rape conviction, which has now been quashed, and you were sentenced to 10 years for the jailbreak, would you be released as you have already served your 10 years? Do the 10 years you served for the crime you did not commit count towards the 10 years you got for breaking out? ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [February 15, 2010, 11:04am UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/17 "2010-02-15T11:04:53Z")
I remember years ago reading in one of the Wallechinsky _Book of Lists_ series a list of wrongful convictions. One guy was jailed for being the accomplice in a crime although he was innocent. He found out who the real culprit was, escaped from prison, caught him and took him to the police where he got him to confess. He was then sent back to prison because, despite the fact that the authorities had proof that he didn’t do it, his conviction and sentence were still legally binding. ---
**Author:** ![Wheelz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wheelz/32/5718_2.png) [@Wheelz](https://boards.straightdope.com/u/Wheelz)\ **Post date:** [February 15, 2010, 12:55pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/18 "2010-02-15T12:55:47Z")
I saw the movie _Stir Crazy_ when I was a teenager. Gene Wilder and Richard Pryor are wrongly convicted of a robbery and go to prison. Wacky hijinks ensue. (I’m not spoiler-boxing a 30-year-old film, so beware.) Eventually they are cleared of the charges and released. But while incarcerated, they befriend some of their fellow inmates and then _help them escape_. I remember thinking, wait a minute, they might not have been criminals before, but they sure as hell are _now_. Even though it was just a silly comedy, that always bugged me about that film. ---
**Author:** ![SCSimmons](https://avatars.discourse-cdn.com/v4/letter/s/e495f1/32.png) [@SCSimmons](https://boards.straightdope.com/u/SCSimmons)\ **Post date:** [February 15, 2010, 7:47pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/19 "2010-02-15T19:47:58Z")
If ever a thread was missing a ‘need answer fast’ tag … ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [February 15, 2010, 8:18pm UTC](https://boards.straightdope.com/t/falsely-convicted-prison-escape-free/528997/20 "2010-02-15T20:18:08Z")
The charge would be escaping from lawful custody. Even if you were WRONGLY convicted you were still lawfully convicted. Remember you’re entitled to a fair trial not a correct one. As others have said, this is a key reason why pardons exist. What would happen in real life is anyone’s guess?