Escape from Custody Defense Lawyer in Georgia | Legal.ge

EscapefromCustodyDefense

Does escaping add time to my sentence?

Yes, under Article 379, the sentence for escape is usually added to the unserved portion of the previous sentence, extending the total time in prison.

What if I escaped due to threats on my life?

This can be argued as "extreme necessity" (Article 38). If proven, it may exclude criminal liability or significantly mitigate the sentence.

Is cutting an ankle monitor considered escape?

Yes, tampering with monitoring equipment or leaving the designated area while under house arrest or electronic monitoring can be charged as escape or evasion.

What counts as "voluntary return"?

Returning to the facility or surrendering to police within 3 days without being caught first. This offers a chance for exemption from liability for the escape itself.

Escape from Custody Defense (Article 379): Strategy and Protection

Escaping from a place of detention or imprisonment, or while being escorted, is a serious crime that incurs additional criminal liability. Article 379 of the Criminal Code of Georgia regulates this act and prescribes a sentence that is added to the person's existing conviction. Escape is viewed as an act against the administration of justice, and the state punishes it severely. However, there are situations where an escape is driven by extreme circumstances — for example, a threat to life within the facility, torture, or inhumane treatment. In such times, the role of a qualified lawyer is decisive in ensuring the court considers mitigating circumstances or establishes a state of extreme necessity.

Legal.ge offers lawyers experienced in disputes related to the penitentiary system. Our specialists will protect your rights and strive to minimize the extent of any additional sentence.

What Does Escape Defense Service Cover?

The lawyer's service focuses on in-depth analysis of facts and rights protection:

Investigating Reasons for Escape: Determining if the escape was provoked by danger from facility staff or other prisoners.
Applying Extreme Necessity (Article 38): If the person fled to save their life, the defense will attempt to prove this was the only way to avoid danger.
Identifying Procedural Violations: Detecting breaches of escort or facility security rules that may have facilitated the escape.
Applying Principles of Sentence Absorption: Working to have the new sentence partially or fully absorbed by the existing one (where the law allows).
Negotiating with Prosecution: Reaching a plea agreement to reduce the sentence.

Common Scenarios

Charges under Article 379 may arise from:

Prison Break: Illegally leaving the territory of a penitentiary facility.
Escape from Escort: Fleeing while being transported to court or a hospital.
Escape from Guardhouse: Military personnel leaving a place of detention.
Group Escape: Coordinated action by several prisoners, considered an aggravating circumstance.

Georgian Legal Framework

Article 379 of the Criminal Code provides for imprisonment from 3 to 7 years. If the escape was committed by a group, by prior agreement, or with violence/weapons, the sentence increases to 6 to 10 years. Attempted escape is also punishable. Importantly, a person is exempted from criminal liability if they voluntarily return to the place of detention within 3 days of escaping (only regarding part 1 and if no other crime was committed). This provision gives the defense significant leverage.

Steps in the Process with a Specialist

Working with a lawyer involves:

Fact Gathering: Meeting with the client and hearing details of the escape.
Evidence: Medical expertise (if there was violence) and witness testimonies.
Legal Argumentation: Presenting the position to the court regarding mitigating circumstances.
Result: Achieving the minimum possible sentence.

Why Legal.ge?

Escape cases are complex because the system tends to punish such acts harshly. Legal.ge connects you with lawyers who can see the human tragedy and legal reasons behind the case. We will help ensure your voice is heard in court.