How do you reveal a confidential informant?

Sometimes, the prosecution will provide this. If the prosecution will not do this, defendant should file a discovery motion for disclosure of an informant's identity. This can be a powerful motion. Such a motion is grounded on the Sixth Amendment right to confront witnesses and due process to a fair trial.

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Motion to Disclose Confidential Informants - Release

Indiana Motion to Disclose Confidential Informants - Release

Category:

Releases and Waivers - Disclosures

State:

Multi-State

Control #:

US-02221BG

Format:

Instant download

Description

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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How to fill out Motion To Disclose Confidential Informants - Release?

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Informants may receive immunity or reduced sentences as rewards for cooperating with law enforcement investigations, providing incentive for those familiar with criminal acts to report them and assist. By offering such benefits, law enforcement hopes to encourage informants to provide accurate data.

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.

Sometimes, the prosecution will provide this. If the prosecution will not do this, defendant should file a discovery motion for disclosure of an informant's identity. This can be a powerful motion. Such a motion is grounded on the Sixth Amendment right to confront witnesses and due process to a fair trial.

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 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.

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.

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."

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.

Indiana Motion to Disclose Confidential Informants - Release

Description

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How to fill out Motion To Disclose Confidential Informants - Release?

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Indiana Motion to Disclose Confidential Informants - Release

Description

Related forms

Viewed forms

How to fill out Motion To Disclose Confidential Informants - Release?

Form popularity

FAQ

Are confidential informants immune?

Do confidential informants get their charges dropped?

How do you reveal a confidential informant?

Do confidential informants have immunity?

Can I expose a confidential informant?

How do you beat a confidential informant?

Can informants break the law?

What is the exception to disclosing an informant's identity?

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