Legal Question in Criminal Law in California

Ci

I just found out that a confidential informant just overdosed and is dead and I have a criminal case pending where he was the main informant. His text messages to me were going to be used against me in a case I am fighting of which I was charged with possession of marijuana with intent to sell. Will whatever evidence from him get dropped since he is no longer here to authenticate and testify against me? I just barely had my arraignment.


Asked on 10/22/08, 9:43 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Ci

Excellent question, a mind twister for even an evidence law specialist. I would imagine the prosecution will try to find a way to authenticate the messages. It will not be easy but they might be able to do it. It does not mean they will necessarily succeed in convicting you with the C.I.

Your lawyer needs to investigate/research this issue. If you do not have a lawyer, get one. Feel free to contact me for a free consultation. I do a lot of marijuana/medical marijuana cases.

Good luck. Looks like you might have gotten a break there.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/22/08, 10:05 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Ci

Ain't karma a beaut.

You would think there's no longer any rational basis for keeping the informant's identity confidential, and you would have the right to confront and cross-examine him at trial.

Of course, maybe the prosecution can prove its case without the text messages. Hope you have a lawyer in whom you have confidence.

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Answered on 10/22/08, 11:25 pm


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