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Motion to Disclose Confidential Informants - Release

Motion to Disclose Confidential Informants - Release

Q: Can a confidential informant be revealed?

The general rule is that the prosecution doesn&#039;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&#039;s identity to the case, it may be possible to find out who&#039;s been talking to the cops.

Q: Is snitching public record?

No, the identity of informants are not public record. If CI&#039;s were public record, it would put their lives in danger and the lives of their loved ones. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial.

Q: How do you deal with a snitch?

Stay Tight-Lipped. Exceed Performance Expectations. Don&#039;t Fight Fire with Fire. Don&#039;t Lose Your Temper. Use a Strong Password on Your Computer. Never Reward a Snitch. Explain Why the Behavior is Counterproductive. Pile on Busy Work.

Q: How can you tell if someone is a confidential informant?

Something feels off. Something about them just doesn&#039;t line up. Despite the misgivings of some members, the individual quickly rises to a leadership position. S/he photographs actions, meetings, and people that should not be photographed. S/he is a liar.

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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Key Concepts & Definitions

Motion to Disclose Confidential Informants: A legal request typically filed by the defense in a criminal case, asking the trial court to reveal the identity of confidential informants who provided information to law enforcement that led to the defendant's charges. Confidential Informants: Individuals who provide information to law enforcement agencies related to criminal activity, often in exchange for anonymity or benefits like a potentially lesser sentence.

Step-by-Step Guide

Identify Need for Disclosure: Assess whether the information provided by the confidential informant is essential for the defense's case strategy in contesting the charges.
Prepare Motion: Draft a defense motion explicitly stating reasons why the disclosure of the confidential informants identity is imperative for a fair trial.
Legal Review: Consult with a legal expert, ideally a state attorney, to ensure the motion complies with local laws in jurisdictions like North Carolina.
File the Motion: Submit the motion to the appropriate trial court and notify all relevant parties within the criminal case proceedings.
Attend Hearing: Participate in the court hearing where both sides will present their arguments regarding the motion.
Accept Courts Decision: Be prepared to proceed based on whether the court grants or denies the motion for disclosure.

Risk Analysis

Safety Concerns: Disclosing an informant's identity could jeopardize their safety and affect law enforcements ability to gather intelligence in the future.
Legal Risks: If not correctly executed, a motion to disclose can lead to legal setbacks or delays in the criminal case. Ensure compliance with all procedural requirements.
Impact on Case Outcome: The decision to disclose an informant can significantly influence the adjudication of the case, possibly affecting the defendant's chances of receiving a substantial assistance agreement or a reduction in a lengthy prison sentence.

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FAQ

A stranger or casual acquaintance tries to get you to do or advise on illegal activities. A friend suddenly starts pushing you to do or advise on illegal things. A person joins your group and statements he/she makes about his/her background just don't add up.

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.

No, the identity of informants are not public record. If CI's were public record, it would put their lives in danger and the lives of their loved ones. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial.

Stay Tight-Lipped. Exceed Performance Expectations. Don't Fight Fire with Fire. Don't Lose Your Temper. Use a Strong Password on Your Computer. Never Reward a Snitch. Explain Why the Behavior is Counterproductive. Pile on Busy Work.

Something feels off. Something about them just doesn't line up. Despite the misgivings of some members, the individual quickly rises to a leadership position. S/he photographs actions, meetings, and people that should not be photographed. S/he is a liar.