Long Arm of the Law Nabs Murder Defendant
Peace officers in Palm Coast, Florida, stopped a 43-year-old man for running a stop sign and arrested him on an outstanding murder warrant from Virginia.
The defendant had been living in Palm Coast since 2022, according to the sheriff’s office. He was in the Flagler County jail Friday awaiting extradition to Virginia on charges of second-degree murder and burglary.
Hickerson was arrested Tuesday after a traffic stop on Old Kings Road and Frenora Lane for running a red light, according to the sheriff’s office.
The alleged victim in the underlying case, a 23-year-old man, was reported missing March 24, 2010. Police originally said he was last seen leaving his parents’ home in Nokesville. He is presumed dead, and his remains have not been found.
The case had gone cold. But Virginia detectives recently received new information and discovered that the alleged victim and defendant were seen together at the time of the disappearance, according to the sheriff’s office.
Arrest Warrants
Most felonies have a ten-year statute of limitations. The statute of limitation (SOL) for extremely serious cases, like murder, is longer. However, the SOL applies to the filing of charges. Once the state files charges, those charges remain active until resolved.
“Bail-skipping” is very common. A few defendants intentionally flee the jurisdiction, wrongly believing they can outrun the law. However, most bail-skippers violated technical conditions, like timely submitting a traffic school completion certificate or missing a procedural hearing.
In other cases, investigators file charges against defendants but don’t immediately serve the arrest warrant, usually because the defendant has fled.
The reason doesn’t matter. In these situations, judges normally issue bench warrants. These warrants are active until served. It’s better to take care of them on your own terms now then to get a very nasty surprise later.
A Leesburg criminal defense lawyer is an important partner in this process. In many cases, mostly traffic tickets and criminal misdemeanors, a lawyer lifts the warrant by filing paperwork. No court appearance is necessary. It picks up where it left off.
The easy option may not be available in felony cases. Defendants with outstanding felony warrants must normally surrender to authorities. However, a Leesburg criminal defense lawyer can smooth the process.. Ensuring that a reasonable bail is available usually limits these self-surrender detentions to a few hours.
Cold Case Defenses
A lawyer also makes a significant difference when the case goes to court. Old cases are difficult to prove in court, especially since the burden of proof is so high in criminal cases.
The police officer turnover rate is remarkably high. Most offenses, such as DUI and drug possession, are single-witness cases. No witness means no evidence and no case. Police officers who left the force four or five years ago are difficult to locate. Even if prosecutors find them, these officers are often reluctant to cooperate, especially if they are far away and/or left the force on bad terms.
Additionally, most witnesses, police officers or not, forget about 90 percent of what they see and hear in less than forty-eight hours. For example, in the above story, a witness might testify that s/he saw the defendant and alleged victim together. However, the witness couldn’t provide any corroborating details, like the exact location, time of day, or type of vehicle.
If a witness cannot provide such details, the witness has no independent recollection of the event. Instead, s/he’s just repeating what someone else said or wrote. As a result, the witness may be deemed incompetent to testify.
Count on a Dedicated 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. We routinely handle matters throughout Northern Virginia.
Source:
news-journalonline.com/story/news/crime/2024/09/21/florida-man-wanted-in-virginia-cold-case-murder-arrested-after-14-years/75307726007/
