Legal Question in Criminal Law in California

If you are charged with the actual sale, the DA will have to reveal the informant, as they are a percipient witness to the transaction. If they refuse to disclose, they will be forced to dismiss. Often, the DA will try to get around this and prosecute without disclosing, but they are rarely, if ever, successful.

I assume from your situation they used an informant to do a buy, but if they used that information to get a search warrant, then searched and found drugs independent of the sale to the informant, it gets a little more complex. There are still motions to file to disclose the identity of the informant. If a judge agrees that disclosure is required, the DA must make a choice - disclose or dismiss.

I practice in Orange County - let me know if you want to discuss this further. For more, see http://www.joedane.com/about

It's up to the the judge, based upon your attorney filing motions as necessary. Get yourself an attorney immediately. Feel free to contact me if serious about doing so.

You could still be prosecuted but if the prosecution is reluctant to reveal the identity of the informant or informant is not willing to step forward to testify, this will provide great leverage to your defense. Whether this would be enough for dismissal or greatly reduced charges will depend on the specific facts of your case. Get a lawyer involved as soon as possible.

Jacek W. Lentz 213.250.9200 www.lentzlawfirm.com