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CavemanLawyer

Senior Member
Jesus man you don't even understand what he said. He was a CI for the Feds, either directly or through the DEA, they were just going to let the State prosecute his involvement. His deal would be on the State case in exchange for his work on the federal prosecution of the rest of the group. And yes it was in writing. He said he signed a contract to be a CI just that there was no formal guarantee of what would happen on his case. That is not uncommon when working with the Feds because they are a separate jurisdiction than the State and can't make deals on State prosecution independently. Just having your case prosecuted by the State rather than the Feds in and of itself can be a huge deal.

The proper thing to do would have been to take his copy of the contract and have an unrelated attorney review it. It was imperative that he use an attorney that had no ties to the other members of this conspiracy. With the help of that attorney he could have made an informed decision as to whether he could negotiate a different contract, whether he should continue being a CI, or whether it was safe enough to terminate his CI status. This isn't a misdemeanor and this really does not have anything to do with his conscience. I'm sure CI's have that luxury when ratting out a fellow pot head but this guy is apparently working against some pretty major criminals if they are the subject of a Federal conspiracy charge. In a situation like this you've got to weigh your legal exposure against the threat of the gang. I doubt anyone put a hit out on you when you backed out of your misdemeanor CI agreement. Only the original poster knows whether that's what's coming for him.
 
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dave33

Senior Member
Bottom line, he is being prosecuted by the state. Conscience has alot to do with it. Also the o.p. never said he had the same lawyer as everyone else until after a couple of posts. co-defendants in my state is basically a conflict of interest for the attorney. Very rarely will a judge even allow it. I assumed that he had his own lawyer (I had no reason to think otherwise). The state prosecutes, even if the DEA is involved. For now it's the state,and understand how huge a deal it is to have the state instead of the feds prosecute. The o.p. has/had no information he could verify. He made no insinuation that points to a federal co. charge. If the feds picked his case up, that will become quite clear quickly. He hasn't even been charged sounds like a lot of bs to me. He cooperates for what? He has no charges, so at the very least you could say the detectives involved are deceptive. How could you comfortably have that deal with no provision for the o.p.? I sure wouldn't.
 

CavemanLawyer

Senior Member
No the bottom line is that the gang is being prosecuted by the Feds and now they are going to know he was helping them.
 
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gixxer

Junior Member
i see I've started an argument. Here are some details. What I can gather from everything that has happened is that the DEA were really counting on me to work for them and build this case. Their case was probably weak. I don't believe they had a warrant for my arrest cause they waited for me to leave my house instead of knocking on my door. I never saw a warrant. They pulled my friend and I over and told me they ran my ID and I had an outstanding warrant(which they later told me was bull) so they cuffed me(no Miranda rights) and took me to a Federal building. They then proceeded to fingerprint me and then asked me some personal questions(address, parents names, etc). I then wait in a cell for about 10 mins. Someone brings me into room where they tell me that there is an investigation on me and my "buddies" and says its for conspiracy. They tell me the severity of conspiracy and that I can see at least 10 years. (I know 5 people who just went in last month for conspiracy and they are all doing 10 and some 12 and this is all going through my head at the time). They start throwing information at me to prove that they have been watching. They tell me that I can work for them and set people up. I asked if I would be charged with anything and they responded that all they can do is talk to the prosecutor and judge and tell them I cooperated. Then its up to the judge and prosecutor. They said that they usually wont involve the CI cause they want them to continue work. I eventually agree and I sign a CI Agreement(which stated no deal). I made some statements confirming my role and the involvement of some others. I gave them a few details of how things were run and what my role was but didnt give details on the others. I said I was kept in the dark when it came to there duties. But I confirmed names that they already knew. After that I signed a paper containing the miranda rights. I had no idea what i was doing. I never planned on setting anyone up I just wanted to get out of there. I was overwhelmed and scared. The next day I spoke to my lawyer. Those details are in my last post. What confuses me is the phone call from the agents telling me that the State prosecutor is not going foward with charges and that the case is pretty much done. If this comes back to bite me in the ass...and it will...could a lawyer contest that I made those statements under duress? I am seeking new counsel tomorrow. Im not too concerned about my safety. The people in this circle are not violent. I have a problem if the case goes as far as the out of state connect but I dont think it will unless there is another CI. I told my old boss(i quit the business in august to straighten my life out) everything that happened and everything I said. I had to warn him cause I figure my statements were taped and they would eventually use that to flip someone else. What a mess.
 

dave33

Senior Member
Man oh man. It would have been nice to know that upon your arrest you went straight to a federal building. That is considered important info. Anyway, all you can do know is get a lawyer and see where this goes.The fact that they said "it's up to the judge and prosecutor" goes w/out saying. What you need to know is what would they have said. Again, anyway, it's done know. The statements you made will most likely hurt you. You can try any avenue you like to try and retract the statement, it will have to go before a judge and it doesn't look good. Get a good seperate attorney and that is all you can do. goodluck.
 

CavemanLawyer

Senior Member
The Feds aren't going to tell you that they intend to indict you. If they proceed with conspiracy charges against the others, they might indict you as well. If indicted you (your attorney really) can certainly argue that your statements weren't properly taken but the voluntariness of statements is fact specific so it is something that your attorney would need to look over in detail. Basically you should just lay low and stay the hell away from these people.
 

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