Texas Penal Code 38.09 – Implements for Escape
WHAT IS IMPLEMENTS FOR ESCAPE IN TEXAS?
The Texas law against implements for escape prohibits providing another who is custody anything that could be used to escape custody, including a deadly weapon.
WHAT IS THE IMPLEMENTS FOR ESCAPE LAW IN TEXAS?
Tex. Penal Code § 38.09. IMPLEMENTS FOR ESCAPE.
(a) A person commits an offense if, with intent to facilitate escape, he introduces into a correctional facility, or provides a person in custody or an inmate with, a deadly weapon or anything that may be useful for escape.
(b) An offense under this section is a felony of the third degree unless the actor introduced or provided a deadly weapon, in which event the offense is a felony of the second degree.
WHAT IS THE PENALTY CLASS FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
Implements for escape is a third degree felony, punishable by two to ten years in prison. Implements for escape is enhanced to a second degree felony, punishable by two to 20 years in prison, if the person provides another in custody with a deadly weapon to effect an escape.
WHAT IS THE PUNISHMENT RANGE FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
A person charged with second degree felony implements for escape faces between two and 20 years in prison, and a maximum fine of $10,000. If the implements for escape is charged as a third degree felony, a person faces between two and ten years in prison, and up to a $10,000 fine.
WHAT ARE THE PENALTIES FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
A person charged with implements for escape may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.
WHAT ARE THE DEFENSES TO IMPLEMENTS FOR ESCAPE IN TEXAS?
The statute does not authorize specific defenses to implements for escape. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
WHAT IS THE STATUTE OF LIMITATIONS FOR IMPLEMENTS FOR ESCAPE IN TEXAS?
The limitation period for implements for escape, charged as either a third degree or second degree felony, is three years.
IMPLEMENTS FOR ESCAPE IN TEXAS
It is a second degree felony to provide an inmate or anyone in custody with a deadly weapon, intending to aid in their escape from custody. Providing or “introducing” anything else into a correctional facility that could be used in an escape attempt is a third degree felony.
TEXAS IMPLEMENTS FOR ESCAPE COURT CASES
The case law regarding implements for escape in Texas gives examples of prohibited conduct.
- In Jones v. State, the defendant brought a gun to visitation with her boyfriend, a prison inmate. Five days later, the boyfriend used the gun to hold a guard hostage in an attempt to escape. The plan was foiled, and he confessed the defendant supplied the gun for him, and he smuggled it past the guards at visitation. The defendant was convicted of introducing implements for escape into a correctional facility, and the appellate court affirmed.
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WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
CHARGES DISMISSED
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
CHARGES DISMISSED
DWI 2nd
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
CHARGES DISMISSED
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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