Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Is Your Criminal Case Doomed if There is an Informant Testifying Against You? Not by a Long Shot

Any criminal defense attorney can likely tell you how common it is for a person to plead guilty to charges just because it seems as though there is a mountain of evidence against them. The truth is that sometimes what seems like a lot of evidence is not admissible at all. This is often the case with informants. Keep reading to learn what we mean and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation.

There Are Many Types of Police Informants

First, keep in mind that there are a large number of types of informants, some more trustworthy than others. They can be random citizens who claim to have information about criminal activity, or they can be underground police who have infiltrated a criminal organization. The information informants provide to law enforcement can result in search warrants, wiretaps, surveillance, and more.

The Law Requires Standards of Reliability for Informants

The police often find informants to be a useful law enforcement tool but the law understands that in order for information gathered from them to be admissible, standards of reliability must be met. A common method is or the judge who is being asked to issue the search warrant to question the informant. They can do so via live testimony or via written affidavit.

The judge is generally looking for two things: Whether the informant has a history of providing reliable tips and if there is additional, independent corroboration of the informer’s story. If the judge believes the informant is reliable, then they might issue the search warrant or arrest warrant.

The Judge Will “Balance Interests”

It is the job of the judge to engage in the “balancing of interests.” This means that on the one hand, they know that the police need to solve crimes. The prosecutors need to bring justice to those who commit crimes. On the flip side, individuals have rights to privacy. There are checks and balances designed to prevent law enforcement from spying illegally on private citizens.

The judge will need to weigh these factors to determine if they should allow the testimony of an informant to be used to secure a search warrant or an arrest warrant, or if they should be able to testify in court.

Your Attorney Can Help You Fight the Use of an Informant

While the judge has their job and the prosecutor has theirs, your criminal defense attorney has just one job: Protecting you and fighting for your rights. If you choose to work with Law Office of Michael L. Fell, we will work tirelessly to find ways to show that an informant is not reliable. To get started and find out how we can help with your case, call us at (949) 585-9055 for a free legal consultation.