BriefLaw: Commonwealth v. Desmond Scott

Posted by on Feb 28, 2009 in Case Law Summaries, Escape Charges, Parole |

Commonwealth v. Desmond Scott 2009 PA Super 34 (2/25/2009) Topic: Escape Charges – Parole v. Pre-release Status Summary: Where a defendant is under pre-release status, he is not on parole and can thus be charged with escape if he leaves detention without permission. http://www.pacourts.us/OpPosting/Superior/out/a01010_09.pdf Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to...

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BriefLaw: Commonwealth v. Maldonado, et al.

Posted by on Jan 27, 2009 in Case Law Summaries, Escape Charges |

Commonwealth v. Maldonado, et al. 2009 PA Super 15 Topic: Escape – Defendants on Probation and Parole Summary: The Pennsylvania Superior Court determined that 18 Pa.C.S.A. § 5121 applies to probationers and parolees who have violated the terms of their release, are on “pre-release status” and detained pending a violation hearing. Therefore, a probationer or parolee on pre-release status and detained for a violation can be...

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BriefLaw: Commonwealth v. Santana

Posted by on Oct 19, 2008 in Case Law Summaries, Escape Charges |

Commonwealth v. Santana 2008 PA Super 246 Topic: Escape-What is a detention for escape purposes Summary: Where law enforcement has put on a display of force and attempts to “restrain the liberty” of the defendant, there is a detention. Example: Santana was asked to come off of a roof to speak to the police. Santana jumped off the roof, stiff-armed an officer who tried to restrain him, was told to stop, and ended up getting...

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