24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Absconding

March 21, 2024 Uncategorized

The Ins and Outs of Absconding

Absconding is when someone secretly leaves a place in order to avoid legal charges or obligations. It’s basically skipping town to evade the consequences of your actions. This article will cover everything you need to know about absconding – the legal implications, possible defenses, penalties, and more.

What Does It Mean to Abscond?

To abscond means to leave quickly and secretly, often taking something or someone along, in order to avoid detection or arrest for some wrongdoing. It implies intentionally hiding from legal authorities and obligations.
Some examples of absconding:

  • A CEO flees the country after their company goes bankrupt, leaving employees and creditors in the lurch
  • An accused criminal skips bail and disappears before their trial date
  • A parent takes their child and goes into hiding to avoid a custody ruling
  • A tenant moves out in the middle of the night, owing months of back rent

So in legal terms, absconding refers to physically leaving in a clandestine manner to dodge lawful obligations or charges. It often involves taking money or assets that don’t belong to you as well.

Is Absconding a Crime?

Absconding itself is not technically a crime. There is no law that says you can’t pack up and secretly leave town if you want to.
However, the actions that motivate someone to abscond are usually illegal. For example:

  • Fraud: Fleeing after committing financial fraud or theft
  • Bail jumping: Skipping bail and failing to appear for trial
  • Contempt of court: Disobeying court orders like paying damages or child support
  • Obstruction of justice: Running away to avoid testifying or cooperating with law enforcement

So while the physical act of absconding itself may not be a specific crime, the criminal intentions behind it certainly are. And absconding tends to make the original charges more serious.

What Are the Penalties for Absconding?

The penalties for absconding depend on what laws you break by doing it. But going into hiding almost always leads to:

  • Additional criminal charges being filed against you
  • Increased fines, fees, damages if you’re found guilty
  • Higher bail amounts (or denial of bail) if you flee and get caught again
  • Longer jail sentences for the crimes you committed

Judges take a very dim view of people who try to escape justice. So you can expect them to throw the book at you if you’re captured after absconding.
For instance, bail jumping can add years to a sentence. And obstruction of justice carries penalties ranging from probation to 20 years in prison.

But Aren’t There Any Defenses?

There are a few arguments a skilled defense lawyer might make to defend against absconding charges, such as:

  • You lacked criminal intent or were unaware of the legal proceedings
  • You had a psychiatric problem like diminished mental capacity
  • There were significant procedural errors in your case
  • You fled due to a credible threat of violence or abuse

But these defenses rarely work. Once you’ve taken off and thumbed your nose at the courts, most judges are extremely unsympathetic.
The reality is – if you run from the law, you make things exponentially worse. The best approach is facing charges responsibly with an experienced attorney’s help.

What Should You Do if You’re Tempted to Abscond?

We all make mistakes. And it’s understandable to panic when confronted with legal troubles that could upend your life. But absconding will only make every problem infinitely more catastrophic.
Instead, take a deep breath and:

  1. Be honest with your lawyer so they can mount the best defense
  2. Show up to all court dates and comply with orders
  3. Get counseling if you’re struggling with anxiety, depression or addiction issues
  4. Lean on supportive friends and family to avoid feeling isolated and desperate

Staying put, facing the music, and letting the legal process play out is nearly always better than going on the lam. With an experienced attorney’s help, justice may be more merciful than you expect.

What Steps Do Police Take to Catch Absconders?

Make no mistake – if you abscond from criminal proceedings, the authorities will come after you. And they have plenty of tools to hunt you down, like:

  • Nationwide warrants: Judges issue warrants that authorize your arrest anywhere in the country
  • BOLO alerts: “Be on the lookout” bulletins that notify police everywhere to watch for you
  • Most wanted lists: Your name and photo are widely circulated among law enforcement
  • Digital surveillance: Monitoring your financial transactions, phone, social media
  • Tips hotlines: Dedicating tip lines and rewards for information leading to your capture

So while absconding may buy you some temporary freedom, make no mistake – cops know how to hunt people down. And they won’t stop until you’re back in custody.

Famous Absconders Who Got Caught

Plenty of accused criminals try to go on the run over the years. But the vast majority eventually get tracked down and brought to justice. Some notable examples:

  • Ted Bundy: The serial killer escaped jail twice in the 1970s before his final arrest and execution
  • Whitey Bulger: This organized crime boss was on the FBI’s Most Wanted list for 12 years before capture
  • Claude Dallas: The notorious “mountain man” killer hid in the wilderness for nearly a year before being apprehended
  • Eric Rudolph: The Atlanta Olympics bomber spent 5 years hiding in the Appalachian wilderness before finally getting caught

As these cases show, absconding rarely ends well. The cops have endless patience and resources to hunt you down. Inevitably, most runaways see their time on the lam end in handcuffs.

The Bottom Line on Absconding

Trying to vanish and outrun legal consequences almost never turns out well. The system is designed to incentivize facing charges, not running from them.
While it’s human nature to panic when in legal jeopardy, understand that absconding will only make every problem astronomically worse. Instead of fleeing justice, work sincerely and openly with an experienced criminal defense lawyer. They can help negotiate the best resolution while fighting to protect your rights.
With dedication and honesty, many accused persons navigate the legal system successfully. So don’t throw away your future in a moment of desperation. Stay calm, trust your lawyer, comply with courts orders, and let the process play out. The odds are far better than you think.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now