Any criminal defense lawyer will probably explain to you how frequent it is for someone to enter a guilty plea simply because it seems like there is a ton of evidence against them. The truth is that occasionally, seemingly abundant evidence may not even be accepted. This frequently occurs while using informants. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 after reading on to understand what we mean.
Police informants come in a variety of forms
Remember that there are many different sorts of informants, some of whom are more reliable than others. They might be unidentified bystanders who say they know something about criminal activities, or they might be undercover police who have infiltrated a gang. Law enforcement may use the information informants give them to obtain search warrants, wiretaps, monitoring, and other measures.
The law demands reliability standards for informants
Informants are frequently seen by the police as an effective instrument for enforcing the law, but the law is aware that certain criteria must be followed in order for the information they provide to be considered admissible. The judge who is being requested to sign the search warrant may also be used to interview the informant. They may do so either orally or in writing, through an affidavit.
The judge often looks for two things: if the informant has a history of giving trustworthy tips and whether the informer's story has been independently verified by another source. The judge may grant an arrest order or search warrant if they think the informant is trustworthy.
The judge conducts an interest balance
The judge's role is to conduct an "interests balance." This indicates that, on the one hand, people are aware of the necessity for the police to solve crimes. Justice must be served for those who commit crimes by the prosecution. Individuals also have the right to privacy. There are safeguards in place to stop law enforcement from improperly snooping on ordinary people.
To decide whether to allow an informant's testimony to be used to obtain a search warrant or an arrest warrant, or whether they should be allowed to testify in court, the judge will need to consider these issues.
You can fight the use of an informant with the aid of your attorney
While the prosecutor and judge each have specific responsibilities, your criminal defense lawyer just has one: defending you and standing up for your rights. If you decide to engage with Law Office of Michael L. Fell, we will put out the utmost effort to demonstrate that an informant is not trustworthy. Call us at (949) 585-9055 to begin and learn how we may assist with your case for a free legal consultation.