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Loudoun County Attorneys > Blog > Criminal Defense > Sterling Carjacking Suspect in Custody

Sterling Carjacking Suspect in Custody

CarDoor

Sheriff’s deputies arrested a 21-year-old man in connection with a carjacking that killed a 54-year-old woman.

Sheriff’s deputies responded to a carjacking in the 21000 block of Towncenter Plaza. Authorities said the victim and car owner, a 54-year-old Maryland woman, was struck by the stolen vehicle as the suspect fled the scene. She was pronounced dead.

The suspect fled in the stolen vehicle. Based on informer tips, he was taken into custody about an hour later. The 21-year-old man, who had been living in Sterling, was charged with carjacking. He was initially taken to the hospital for an unrelated health condition and was released Monday. He is being held without bond at the Loudoun County Adult Detention Center.

The investigation remains active and the sheriff’s office expects more charges will be coming.

Jail Release in Criminal Cases

Jail release is almost routine in many cases. Furthermore, jail release costs almost nothing in many cases. Most first-time offenders who face nonviolent criminal charges are eligible for OR (own recognizance) release. Much like drivers who sign their tickets are released until their trial dates, OR defendants may remain free until their trial dates, if they follow a few basic orders.

Other kinds of jail release, such as a bail bond or cash bail, are usually available as well. The money-based jail release modes are a little more complex.

However, if a defendant is charged with a violent felony, the defendant has a criminal record, and the defendant poses a threat to the community, the sheriff usually doesn’t set bail. Or, the bail amount is so high the defendant cannot possibly pay it.

In these cases, a Leesburg criminal defense lawyer typically sets a bail reduction hearing along with the arraignment, or the formal reading of charges. Defendants in jail must normally be arraigned within seventy-two hours.

At a bail reduction hearing, which could also be a bail-setting hearing, the judge considers a number of factors before setting bail, such as:

  • Severity of the offense,
  • Defendant’s ability to pay,
  • Amount of evidence prosecutors have,
  • Defendant’s connections to the community, and
  • Defendant’s threat to the community.

Judges must consider all these factors and then set a reasonable bail amount, according to the Eighth Amendment. The amount must protect people and allow the defendant a way out of jail. The amount cannot be punitive, because the defendant hasn’t been convicted of anything.

Anonymous/Community Tipsters

The reliability of most anonymous and community tipsters is shaky, at best. To a Leesburg criminal defense lawyer, reliability is all that matters.

There’s a difference between reliability and accuracy. A blind squirrel sometimes finds a nut, but a blind squirrel is clearly unreliable.

Anonymous tipsters have basically no reliability. It’s impossible to determine the tipster’s motive. It’s also impossible to determine how the tipster acquired the information. Furthermore, and perhaps more importantly, if a tipster doesn’t vouch for the information, there’s certainly no reason for a judge to give it any more weight.

Community tipsters, who are basically anonymous tipsters who leave some contact information, are only slightly more reliable. These tipsters often have mixed motives, at best. Frequently, community tipsters are more interested in seeing the defendant get in trouble than anything else.

Additionally, community tipsters aren’t professional witnesses. So, an attorney can erode their credibility in court. That’s assuming they’re available to testify. If they aren’t available, the judge might invalidate the arrest warrant.

Reach Out to a Hard-Working Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.

Source:

patch.com/virginia/ashburn/carjacking-turns-fatal-loudoun-county-sheriffs-office

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