Informants In Criminal Defense In California
When it comes to informants, police use them all the time. One of the biggest areas where informants are used, and many people don't realize, is to obtain search warrants to get into individual's houses that the police believe are involved in crime.
So, a confidential informant can give the police information, and they can use that information to submit a search warrant affidavit, along with a search warrant, to a judge for signing. If they're able to get the judge to sign the search warrant, they can go and search an individual's home.
Now, the informant has to be reliable. In other words, they have to be giving reliable information. It can't just be anybody. Sometimes, they use anonymous informants who call in. It needs to be better to get a search warrant issued.
However, if the informant provided information that was corroborated through surveillance, checking things out, and actually confirming that what the informant was saying was true, then that would be a way to get a search warrant.
But the defense can then file a motion to reveal who the informant is as long as it can show that the informant might possess some exculpatory information—in other words, information that could help the defendant in the case.
That certainly cannot be hidden from the defense. So, that's one area where an informant can be used.
Another area is where you know who the informant is. They tell people and give information, which is used to convict the defendant or get a search warrant. There are all sorts of ways an informant can be used to benefit the police or prosecutors in a criminal case.
Reliable Informant vs. Anonymous Informant
There's a difference between informants. Sometimes, there's a confidential, reliable informant—somebody the police have used before—even someone who will pay money to help them get bad guys. Also, there are anonymous informants.
Those people call in, send a letter, or give information, but the police don't know who they are. Now, their reliability and credibility are obviously less than those of a reliable informant. An informant's reliability is ascertained by giving truthful, accurate information and then continuing to do so.
Then, the police can tell the judge that they've used this information before. The informant has given good information. It's been reliable. It's been accurate, and then the judge can trust that informant's information in the current case.
So, there are all sorts of informants that the police use. Sometimes, I've even seen informants get immunity in a case. Those informants are guilty of the crime that the police are investigating. Still, now they're going to try to catch other individuals who are involved in the crime so they can be given immunity — they won't be prosecuted, but they have to assist the police and prosecutors and getting other individuals — either by way of providing information or testifying or both.
The bottom line is that informants in Los Angeles criminal defense are very useful to the police if they can show they're reliable. But by the same token, the defense can try to challenge some of these informants' information either because they are not reliable, they're untested, or maybe the informant is just giving information because they're trying to help themselves.
Lawyer to Challenge Credibility of Informant
That would also make them unreliable, and they could certainly be challenged on the witness stand by a good Los Angeles criminal defense attorney who can say the only reason you're giving this information is to help yourself. So it could be more accurate and reliable. It's what you want to say to get yourself out of certain circumstances.
The defense attorney can certainly cross-examine and use this information against the informant to challenge them and show their unreliability. However, any information they give cannot be used against a defendant.
So, if you have an informant related to your matter and need help, come and sit down with me. I will use my twenty-five years of experience to challenge this informant and protect your rights, freedom, and reputation.
