Possession of marijuana for sale – discovering the identity of an informer
Possession of marijuana for sale, in California, is a felony offense punishable by imprisonment in the state prison, heavy fines and a host of additional penalties. Because the consequences of this charge are so severe, it is absolutely necessary for an individual charged with this offense to immediately consult with an experienced California drug crime attorney who has mastered the defenses that are applicable to this crime.
Discovering the identity of an informer could be a useful defense to a possession of marijuana for sale case if the informer had his or her own motive for reporting the allegedly criminal behavior – either because he or she was trying to escape his or her own criminal culpability or because he or she was jealous of or angry at the accused, possibly even framing the individual for illegal marijuana possession.
There is well settled law that establishes a privilege against disclosing the identity of an informer who provides information to a law enforcement agency or judge in the reporting of criminal activity. If the informer provides enough information to a judge, which convinces the judge to execute a search warrant and the warrant is valid on its face and leads to the seizure of marijuana and any related paraphernalia, the identity of the informant is generally kept confidential. However, a savvy criminal attorney, who specializes in California drug crime defense, knows the most effective arguments to convince a judge that the identity of the informant can have a critical impact on the outcome of the case. It should be noted that in a case where there the informant provided information that lead to a warrantless arrest, the attorney would argue that the reliability of the informant must be examined in open court, a defense supported by California law.
The privilege to refuse to disclose the identity of an informant is limited by purpose, so the issue of fairness must be considered. California courts have stated that when the disclosure of an informer’s identity and/or the contents of his or her communication is relevant and helpful to the defense or is essential to a fair resolution of the case, the privilege must give way. This is the exception to the general rule that such disclosure is privileged, which allows a skilled criminal defense lawyer an opportunity to show that the identity is vital to the defense’s case. If, after being ordered to disclose the information the prosecuting agency still refuses to do so, the possession of marijuana for sale charges may ultimately be dismissed.
The outstanding attorneys at The Kavinoky Law Firm know how to persuade a judge that an informant’s identity or statements should be disclosed. They understand that one of the key factors that the court looks to when evaluating such a request is whether the informant is a potential material witness on the issue of guilt. Knowing all too well that informants often have their own guilty or inappropriate reasons for contacting law enforcement about the activities of another, they know how to successfully articulate why such an informer would be a material witness on the issue of guilt (which, in a possession for sale case revolves around intent to sell and knowledge), which would then provide the attorney with the opportunity to examine the witness.
The laws that regulate the disclosure of an informant are technical and complex, which is why only a criminal attorney who has mastered the laws that relate to California’s drug offenses should attempt to challenge them. The exceptional lawyers at The Kavinoky Law Firm specialize in this area of the law and are well equipped to successfully demand disclosure of such important, possibly exonerating evidence. To learn more about the laws that protect an informer and the variety of other defenses that apply to a California possession of marijuana for sale charge, contact these unsurpassed attorneys today for a free consultation.
