State v. Cadger- Escape in the Second Degree Reversed

October 24, 2013

State v. Cadger was recently decided by the Oregon Court of Appeals.

In the trial court’s decision, Cadger was charged with escape in the second degree, which is a felony.  Escape in the second degree is defined as an individual escaping from a “correctional facility.”  A correctional facility is defined as “any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court.”

Cadger was being confined at the Douglas County Jail for 60 days for a probation violation.  While participating in an “outside inmate worker program” at the Douglas County fairgrounds, Cadger fled with his girlfriend and did not return.

Cadger argued that he should have instead been charged with “unauthorized departure” which is “the failure to return to custody after any form of temporary release or transitional leave from a correctional facility.”

The Court of Appeals agreed and reversed Mr. Cadger’s conviction.

You can read the full description of the case by clicking here.

Do you think you have a case that could be reversed in the Court of Appeals?  Contact a criminal defense lawyer in Portland Oregon like Tim Bowman.  He will help you.

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