Personal possession of marijuana – discovering the identity of an informer
A personal possession of marijuana charge may be filed as either a misdemeanor or a felony in California, depending on whether the accused possessed concentrated cannabis or more or less than one ounce of marijuana (other than concentrated cannabis). Although personal possession of marijuana is one of the less serious offenses involving the drug, a conviction can still carry severe penalties, which is why an individual accused of this crime should contact an experienced attorney who is readily familiar with the different defenses that can beat this charge.
If the accused was arrested based on an informant’s “tip,” the identity of the informer could be relevant to the defense. If the defense can prove that the informer “framed” the accused, that the informer contacted law enforcement to escape his or her own criminal culpability, that the informer’s tip was relevant to another and that the accused was mistakenly arrested (a defense that would most likely work in a situation where the accused was arrested based on constructive or joint possession of the drug) or that the informer shouldn’t have been trusted for any other reason, a skilled defense attorney could possibly make a motion to suppress any collected evidence or to dismiss the charges altogether. This would generally be the case if the defense could show that the informer’s information would help exonerate the accused of the charged offense.
Typically, an informer’s identity and the information that he or she provided to law enforcement is privileged information that is not revealed to the defense. This is based on a public safety concern to encourage informers to come forward with information without fear of retribution. However, if the arresting officers based their probable cause to search the accused on information obtained from the informer, the identity must be disclosed if the defense so requests or the testimony must be suppressed. Even so, disclosure may not be required if there was probable cause to search the suspect apart from the informer’s communications. The purpose in a criminal case of compelling disclosure of the identity of an informant, who is a material witness on the issue of guilt, is to assure the defendant a fair trial on the offense charged. The bottom line, therefore, is that there are circumstances under which an experienced criminal defense lawyer may persuade the court that the informer’s identity is critical to the defense and to reaching a fair outcome in the case if the informer’s information is relevant to the issue of guilt. The laws relating to this issue are complex and often conflict, which is simply one of the reasons why it is important for the accused to hire a criminal attorney who specializes in California drug laws and understands all of the defenses that are applicable to a personal possession charge.
An additional issue that a knowledgeable lawyer will consider is whether the arrest was with or without a warrant. Without a warrant, the attorney would likely argue that the reliability of the informant’s information must be examined in open court to provide the defense an opportunity to cross-examine the witness. If a warrant was obtained based on the provided information, the attorney would argue that the search was improper as to his or her client and that the informer’s testimony, if elicited by him or her, would be vital to the defense.
The unsurpassed criminal attorneys at The Kavinoky Law Firm know the most effective arguments that may persuade a judge that the identity of an informer is critical to the defense’s case. Because they specialize in this area of the law, they know that informant information relied upon in a personal possession of marijuana case is often unreliable and can be easily confused. These exceptional attorneys have mastered the ways that this, in addition to the many other defenses that are applicable to this charge, can help get their clients their desired outcomes. To learn more, contact them today for a free consultation.
