Legal Question in Criminal Law in Florida

This question is pertaining to Fl. criminal law.I am aware of Fl.Rules&Reg.#914.28(Rachel'sLaw).I understand that if certain factors are in place that a defense attorney can file a motion to release the identity of a C.I.. Could you please tell me what those factors are? Defendant was raided by local law enforcement and charged w/3 counts 893.13.1a1, 3 counts 893.13.6a,2 counts 893.147.1, and 1 count 893.1351.1. Defendant is out on bond and in possession of an audio recording that is supposed to be of an acquaintance speaking w/ law enforcement immediately prior to making a controlled buy.My position is that it's not real and defendant is trying to make it look like acquaintance was the one "spilling the beans";when in actuality it's what the defendant plans to do.I am not a fan of the acquaintance(who has since gone to jail on charges of her own) but this could put her safety in jeopardy.Is it at all possible that the defendant could have a recording like that in his poss.? Thank you for your time and knowledge.


Asked on 6/22/13, 12:15 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You have the statute that deals with protection of the CI. However, the law regarding revealing the identity of CIs is covered by a lot of case law. The cases are fact specific so there is no way to answer your question with specifics. I can say this, though, you have a constitutional right to face your accusers and if you decide to go to trial then the CI will be allowed to be cross examined. Cases will allow your attorney to speak with them sooner, but again you will have to discuss this with your attorney to see if any case law would apply to your situation.

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Answered on 6/22/13, 5:36 pm


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