Alabama Motion to Disclose Confidential Informants - Release

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US-02221BG
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One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If your criminal case involves a confidential informant who may be a material witness on your guilt or innocence, your criminal defense attorney should file a motion for disclosure of the CI, either as part of the pretrial process or during your trial.

The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops.

The Confidential Informant Guidelines permit the FBI to authorize confidential informants to engage in activities that would otherwise constitute crimes under state or federal law if engaged in by someone without such authorization. Such conduct is termed "otherwise illegal activity" or "OIA."

An informant is generally someone who has contacted the criminal justice system because of a criminal lifestyle, but is granted immunity from appropriate criminal justice sanctions in return for giving the police information about persons in the criminal underworld or participating with undercover police in illicit ...

If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Criminal defense attorneys have a host of tools to do this.

Rule 508(c) establishes several exceptions to the privilege. No privilege exists if the informer discloses his identity to a person who would have cause to resent the communication. The privilege is also waived if the informer appears as a witness for the public entity.

Once You Become a Confidential Informant, the Police Own You. When you become a confidential informant, you say goodbye to your identity. Many of your freedoms and most of your constitutional rights have now been compromised. You are issued a CI number to hide your identity.

Defendant informants, who have materially assisted the Department in any criminal investigation, may be considered for an appropriate sentence recommendation or if deemed applicable, their charges may be dismissed and not presented to the District Attorney's Office.

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Alabama Motion to Disclose Confidential Informants - Release