Legal Question in Criminal Law in New York

Confidential Informants

My question is; can law enforcement officials use the information obtained from a confidential informant against the informant themselves? Per say, if an individual was providing law enforcement information and had to tell them how they know this information by admitting their own wrong doing, can that information be turned over to another judicial branch to prosecute that informant?


Asked on 6/27/03, 2:33 pm

2 Answers from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Confidential Informants

Unfortunately, they can. While they wouldn't do so often because if word got out, they would not have many people looking to be informants, unless immunity was prearranged, they can do what they want.

However, the fact that you were acting in an informant's capacity may help convince certain people to go easier on you in case they were not advised of that fact.

Feel free to call me at 646-209-8213 if you want to discuss the matter further.

Sincerely,

Steven Brand, Esq.

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Answered on 6/28/03, 8:01 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Reply: Confidential Informants

Unfortunately, unless your lawyer negotiated an "immunity" clause in the cooperation agreement for the confidential informant, anything you told them can and probably will bite you in the butt. This then gets complicated if you are actually charged and they attempt to use the "debriefing" statements against you. So, you really need to be talking to your attorney and, by all means, if you do not yet have an attorney, for your own well-being and protection, get a qualified and competent Defense Attorney as soon as possible.

If you have any questions, please e-mail me at:

[email protected]

Good Luck,

Don Rehkopf

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Answered on 6/27/03, 3:00 pm


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