Legal Question in Criminal Law in California

A case involing two people arrested in a controlled buy drug bust. One of the arrested individuals cooperates with the police, right after arrest, which leads to three other people being arrested. The first two defendants are indicted separately from the other 3 defendants. One of the first 2 defendants has fleed & had their bond revoked, while the other cooperating defendant is going trial. The only current witness is the arresting officer. When the cooperating defendant of the first 2 defendants is going to trial, can the information they gave the police to arrest the 3 other individuals be used against them in court? How does the other 3 people's cases arrested with the help of the cooperating defendants information affect the trial & case of that cooperating defendant?


Asked on 10/13/11, 1:43 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

I hear this all the time. It is very wrong, in my opinion, for narco to use an informant, and NOT give that person the benefit of either a non-filing or a reduced charge and sentence. The only time I've seen narco live up to their deals is when our office has memorialized the deal and the work done as it proceeds. Never help narco without an attorney. You will NEVER get the benefit promised. Narco keeps stringing snitches along and then still file cases, saying the snitch didn't do what they promised, when , in MANY CASES, the snitch DOES everything they say. Be careful. Narco usually CANNOT be trusted. I wish you well......David Wallin

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Answered on 10/13/11, 2:05 pm
Anthony Roach Law Office of Anthony A. Roach

The police cannot testify as to what a third person told them, as that is hearsay. Additionally, a defendant in a criminal case has a constitutional right to confront their accuser and cross examine them, under the Sixth Amendment.

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Answered on 10/14/11, 10:30 am


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