Do DAs usually press for the maximum sentence or not cut them fair deals? Do judges usually throw the book at them? I read the thread in the Nevada section about the lady whose husband absconded before sentencing in Iowa and didn't get caught for 12 years. Even though he was living a respectable life and had been in no trouble with the law they extradited him and the judge gave him the maximum sentence.

Absconding can tend to show thet someone is not able to be supervised on probation, and the alternative would then be prison if teh conviction was for a felony.
However, there are a number of factor's to consider:
Length of the AWOL, reasons for AWOL, facts of the original case, the remainder of the rap sheet, what the defendant has been up to during the AWOL, letters of support from responsible folks, family support, counselor/therapist support, the previous victim's desires. It all gets consideration.

Do DAs usually press for the maximum sentence or not cut them fair deals? Do judges usually throw the book at them? I read the thread in the Nevada section about the lady whose husband absconded before sentencing in Iowa and didn't get caught for 12 years. Even though he was living a respectable life and had been in no trouble with the law they extradited him and the judge gave him the maximum sentence.

I do have a couple more questions. You said length of absconding could be a factor. Is longer better or worse? I'd figure the longer, the worse. Also, turning oneself in versus being apprehended. Does that make a difference? And how about when the absconding occurred, such as before arrest, jumping bail, before sentencing, etc.? Does the stage of prosecution before the absconding occurred factor in? Thanks again!:thumbsup:

It is usually worse to be AWOL for a long time.
However 1 year AWOL where 1 yr. was in a residential rehab; or perhaps a child was dying from Leukemia and the year was spent with the child: thre are some reasons that aren't as good as others and there are some reasons that might possible even get a pass depending on the charges.
Turning in is a little better than getting arrested, but getting arrested with new charges is very bad.
Where in the process a defendant goes AWOL might make a difference, in that the crankier the judge is the worse it'll be; and the more a judge knows about the case the more likely it'll be tht the judge becomes cranky. After all, it was the judge who providedthat defendant the chance to get out of jail; and the judge might take the AWOL a little personally.

AWOL while a case is pending can result in an additional criminal charge of Failure to Appear. Charged as a felony, it carries 16 mos., 2 yrs. or 3 yrs. in prison (or up to a year in teh county jail); and as a subordinate count in a prison term it adds 8 mos.


I do have a couple more questions. You said length of absconding could be a factor. Is longer better or worse? I'd figure the longer, the worse. Also, turning oneself in versus being apprehended. Does that make a difference? And how about when the absconding occurred, such as before arrest, jumping bail, before sentencing, etc.? Does the stage of prosecution before the absconding occurred factor in? Thanks again!:thumbsup:

Is the DA more likely to not cut a decent deal? Will the jury see absconding as evidence of guilt? can the judge, DA, or jury legally consider it evidence of guilt?

Thanks again!

Albee

and as a subordinate count in a prison term it adds 8 mos.

Is this different (absconding) than an escape, then? My husband had a 2 week pass from the judge while awaiting sentencing that he didn't come back from (he was in the county jail). He was discovered a week later by off-duty jailers who of course arrested him. The judge charged him with escape (not absconding) and gave him the maximum high sentence of 3 years (plus an additional 3 years enhanced) which was added to his original charge and the sentences are running consecutively.

Anyway, I guess I'm confused to the difference and the "8 months" thing. I just searched for the verbage difference between "abscond" and "escape" and it seems like absconding is what one would do while AWAITING trial or sentencing. Since he had not yet been tried or sentenced, shouldn't the original charge have been absconding and not escape?

Willfully avoiding the court process is the crime of Failure to Appear, not one of the crimes known as Escape.
In CA there is no crime called Absconding.
The DA charged the crime, not the Judge.
I'd have to do some research, but it doesn't sound like Escape fits your facts. On the other hand, it could have been charged as other stuff including a violation of probation on the original case. The 3 years might have been a good enough deal that the attorney decided to not allow a plea to a new felony.

The "8 mos." is the result of the rule that subordinate terms (with a number of exceptions for violent crimes) carry the sentence of what 1/3 the middle term would have carried. A crime that has a 2 year middle term would them be 8 mos. (1/3 of 2 yrs.) if it is running consecutive to a prisncipal term.

and as a subordinate count in a prison term it adds 8 mos.

Is this different (absconding) than an escape, then? My husband had a 2 week pass from the judge while awaiting sentencing that he didn't come back from (he was in the county jail). He was discovered a week later by off-duty jailers who of course arrested him. The judge charged him with escape (not absconding) and gave him the maximum high sentence of 3 years (plus an additional 3 years enhanced) which was added to his original charge and the sentences are running consecutively.

Anyway, I guess I'm confused to the difference and the "8 months" thing. I just searched for the verbage difference between "abscond" and "escape" and it seems like absconding is what one would do while AWAITING trial or sentencing. Since he had not yet been tried or sentenced, shouldn't the original charge have been absconding and not escape?

Thank you, Gryphon. I found the penal code that he was charged under (if interested):
PC section 4532 (b) (1)

Thank you, Gryphon. I found the penal code that he was charged under (if interested):
PC section 4532 (b) (1)

To be guilty he needed to be in physical custody; or on an electronic monitor.

Sorry, that other post got messed up. It looks like, according to PC 4532 (b) (1) (which he was given 3 year high term + add'l 3 year for prior strike) that he was guilty of escape because he was given the pass from county jail, and didn't return when ordered on the pass. So...does that mean he didn't "escape"? What should the charge have been, then? Maybe I read your answer wrong?