Legal Question in Criminal Law in Idaho

Re: Criminal Illegal Alien used as a confidental informant

I will answer your questions one at a time:

1. Every law enforcement agent can at any time

release or charge anyone. This is police officer's

discretion.

2. being arrested for drug traffiking offenses are

usually grounds for removal, but the arresting agency

can charge, release, contact the INS for deportation, or

or do any other discretionary act such as entering an

agreement to release or reduce charges per a plea bargain

agreement.

3. The state police or any other law enforcement agency

can use persons arrested for crimes in an informant

capacity.

4. As long as the police agency does not introduce

the idea of committing a crime to a defendant, it is

not "entrapment" to facilitate a crime in order to

convict a person who had already formed the requisite

intent to commit the crime.

5. Unfortunately, I can't tell you what to do since

you didn't give any facts which I need to determine a course

of action for you to follow.

6. without the specific facts in your case, I

cannot give you advice except the foregoing generalized

legal advice.

7. If you need specific advice regarding deportation

then you need to contact an attorney that deals with this

area of law on a regular basis and he/she could advise you

of the general policies of the INS or its agents in your

area.