The son of former Hells Angels boss Maurice (Mom) Boucher was charged Friday with identity theft, escaping lawful custody and being unlawfully at large.
He walked out of Montreal's Bordeaux jail on Monday while serving a four-month sentence for uttering death threats against police officers.
His lawyer said he believes his client left the institution after his name was called out instead of that of another inmate named Boucher.
"You're freed, you sign and you're out the front door," said Dimitrios Strapatsas. "It's simple, it's clear in his mind. I would do the same thing.
"Who'd argue at being released from prison? You're told to leave, you go through several security zones, they come and get you and say, "Sir, you're leaving.' You'd be happy, no?"
Boucher, 39, will remain in detention pending a bail hearing on Monday.
He was previously sentenced to 10 years behind bars for gangsterism, conspiracy to commit murder and drug-trafficking.