NY Authorities Arrest Wanted VA Man
In October 2024, Ithaca Police Department officers arrested a 32-year-old Virginia man in connection with a probation violation warrant.
According to the Ithaca Police Department, after they received an anonymous tip, officers found the defendant at an apartment complex on the 100 block of East Green Street. Police say he was wanted by the Norfolk, Virginia, Police Department for violating his probation after being convicted of numerous crimes, including grand larceny, credit card fraud, and credit card larceny.
Authorities charged the man with being a fugitive from justice and arraigned in the Ithaca City Court. He was then taken to the Tompkins County Jail to await extradition to Virginia.
Informer Tips and Reliability
Note we said reliability instead of accuracy. Informers, paid or otherwise, nearly always provide accurate information. But that information may or may not be reliable. For a Leesburg criminal defense lawyer, accuracy is all that matters. Unreliable tips are inadmissible in court, regardless of their accuracy. Any evidence connected to an unreliable tip, such as physical evidence seized at a suspect’s house, is also inadmissible. It’s fruit from a poisonous tree.
General community tips, like Crime Stoppers callers, are practically per se unreliable. If tipsters don’t vouch for the information they provide, why should anyone, especially a Loudoun County judge, give it additional weight? Frequently, anonymous tipsters have mixed motives, at best. The desire to get someone in trouble, usually as revenge, is the most common mixed motive.
911-provided concerned citizen tips are a step up the reliability ladder. The 911 system logs the caller’s name and basic information. So, if there are concerns about the information’s reliability, a Leesburg criminal defense lawyer usually has a chance to subpoena and cross-examine the tipster under oath.
Paid informer tips are next. Paid informers usually receive cash or leniency in exchange for the information they provide. Usually, the cash payment is substantial, especially in a major felony case. The leniency is usually substantial as well. Sometimes, police officers agree to greatly reduce or even drop criminal charges if a defendant gives up a name or other vital information.
Many people will say practically anything for love or money. So, unless the tipster provided some corroborating proof or has a solid track record of prior reliability, these tips are often inadmissible.
Officer-provided tips are at the top of the food chain. These tips are very common in traffic ticket cases. Officer A sees Jim speeding and radios ahead to Officer B.
Other factors to consider, other than the source, include the specificity of the information and its shelf life. Courts usually consider these factors in other reliability situations as well.
Probation Violations
In many jurisdictions, about half of jail or prison inmates violated the terms and conditions of probation. These matters are difficult to defend, because the burden of proof is much lower. However, an attorney can usually successfully resolve these cases. Generally, prosecutors drop the matter if the defendant agrees to longer or stricter probation.
Absconder cases are the most difficult ones to resolve. A large percentage of defendants plead guilty, attend probation ordination, and do nothing else. They make no effort to comply with basic terms and conditions of probation, such as:
- Reporting to a supervision officer,
- Remaining in the county,
- Submitting chemical samples for drug tests,
- Avoiding “disreputable” people, and
- Staying current on child support and other such obligations.
Most judges throw the book at absconders. The judges reason that there’s no reason to reinstate probation, since that sentence clearly had no effect on the defendant.
Major violations, usually failure to report or catching a new case, are very common as well. However, if the defendant had an otherwise solid probation record, a successful resolution is usually possible, as outlined above.
Technical violations, like a failure to pay restitution or court costs, could prompt probation violation actions. However, many courts don’t punish probationers who are behind on money. Such punishment basically transforms the jail into an illegal debtors’ prison.
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. The sooner you reach out to us, the sooner we start working for you.
Source:
mytwintiers.com/crime/virginia-fugative-arrested-in-ithaca/
