Confidential Informant

[gixxer]

Recently picked up for conspiracy charges and agreed to be a CI. I am having doubts and I feel I made a bad decision. I spoke briefly about my role and the roles of a few others but havent started working for them yet. What happens if I change my mind and no longer want to cooperate? Can I save myself from the statements I made??...with the help of a lawyer of coarse

[dave33]

Just digging deeper and deeper. Get an attorney yesterday and try and save whatever honor still exists.

[gixxer]

thanks...ill probably do that...if anyone else has some opinion or insight id like to hear it...thanks

[Miranda79]

I am just wondering if they offered you a deal for becoming a confidential informant... immunity, reduced charges, what? Also, did you sign any statements or allow yourself to be recorded? What exactly did you tell them? Why do you want to back out now?

Backing out now could possibly hurt you depending on what you told them. Did you confess to anything. Please provide more details.

[Miranda79]

BTW... any statements you made to them can and will be used against you in the court of law as I'm sure they told you when you were arrested.

[gixxer]

I wasnt formally offered a deal in writing. I was verbally told that my cooperation would have my charges brought down and possibly dismissed. It all depends on the judge and the prosecutor. They said they can have my case brought to the state instead of federal. I was the only person brought in from my circle. They pulled my friend and I over and took me in for a false warrant that never existed. They said it was to make my friend believe that it was for a warrant and not the DEA. I believe that i was tricked into believing they had more information than they actually had. I was played. They knew my roll in everything but I dont think they have any proof of any hand to hand transaction. But then I told them more details when I agreed to become a CI. I told them where I kept drugs, how I got them, other people involved(names they already had). I told them nothing about the consumers. They want me to work for them. They want me to reenter the circle and try to bring it down. I signed the agreement to become a CI and I signed something about my rights which did state anything said would be used against me. I want to back out because im scared. I feel I made a stupid decision. I shouldve kept my mouth shut and let the lawyer do his thing. I just wonder if there is any way a lawyer can convince them or the judge that i made those statements under fear or any way to take them back.

[dave33]

Basically, you have gotten nothing and committed suicide. You weren't even charged with a crime. The detectives can say anything they want. It is completely legal for them to be dishonest with you. Now, solely because of your statements they probably do have enough evidence to charge you. It sounds to me like they intend on granting you nothing. Also, nothing is stopping them from using you than arresting you. That sounds completely realistic to me. Get a lawyer, shut your mouth and deal with whatever it is you have to deal with. You cannot talk your way out of this one. The poli8ce are not in the business of granting favors,they like everyone else are interested in there own agendas. They could not care less about your future. So far you could not have made worse decisions.Again, get a lawyer and shut your mouth.

[gixxer]

I spoke to my attorney today who was gonna represent me and the rest of the circle im in. He can no longer represent me now that there is a conflict of interest. He was upset that I brought this to him and called the agents that I was suppose to be working for then called their superiors. I found out that its the state after me and not the fed but the DEA is involved. I believe he spoke to the state prosecutor as well. Later on today I get a phone call from the agents and they say "You have pretty much ****ed up our investigation and you are no longer working for us. As for the state prosecutor...he no longer wants to go forth with charges and the case is done. The only thing you can do now is worry about your safety. Good Luck" I have no idea what the hell is goin on now.

[dave33]

Sounds good to me. I cannot see how your safety is in any more jeopardy now.,unless of course that was a threat by them. Whatever,good for you. goodluck.

[CavemanLawyer]

Oh my god I cannot believe how badly you just played your cards. dave33 you seriously need to stay out of discussions that you don't have experience with. You literally can get people killed.

The mistake you made was telling about your CI involvement to the same attorney representing the people you are a CI against! That is ridiculous. If you had gone to an independent attorney he/she could have looked at the evidence against you and determined whether you had a realistic option of terminating your contract with the Feds. That is absolutely not something you can just walk away from without serious repercussions.

Your safety is in jeopardy because you completely burned your confidentiality, not even through court filings but directly through this attorney. The feds are apparently building a drug case against this circle (Arian?) and they were going to use your statements for probable cause against them. (ex: get warrants, wiretaps, whatever.) Your identity would have remained confidential per your agreement and the law allows your identity to be kept secret up to a point. Now the Feds have no use for you and terminated your contract. They will list your name in whatever affidavit they want and that all becomes public information. Once these individuals get indicted they are all going to find out that you were a CI that worked with the feds to catch them. You probably know these people better than anyone else. How do you think they are going to react when they find out you were a snitch against them? Remember, as far as they know you spilled your guts. They have no way of knowing that you only gave so much information and then backed out. If these people are dangerous then you seriously might consider moving someplace cold.

[dave33]

There is no way his identity would have stayed secret. You think his own lawyer did not know what time it was. You do not think the other people already did not have a clue? Why not put it in writing? They never gave him anything but a "maybe". You want him to testify and work for them for that? You should stay out of things you know nothing about. That deal was/is ridiculous, and that is obvious. He is not in witness protection nor did they offer anything of any sort.You think maybe he should just take their word for it. The "it" I mean is still only asking for a favorable sentencing. Come on, seriously what kind of deal is that.

[HighwayMan]

Dave, while I hate to criticize someone who is trying to be helpful, you seem to often make comments and give advice when you seemingly have no experience in the subject matter.

[dave33]

Guys, I do have experience in this particular subject and area. I really do not understand the disagreement. You think he should have continued to incriminate himself and others with no concrete deal that he would not be later prosecuted? This has happened often in my state. The state usually gives you nothing(unless mandated by law).

[CavemanLawyer]

Dave333, he never even posted what the paper he signed said. You ever heard the saying that the answer to every contract question is the same? The answer is let me see the contract. You have no idea what he signed up for, no idea what he was really promised, and no idea what it could mean for him to back out of the deal. I can also tell you that you don't understand how confidential informant agreements work.

Unless certain circumstances are met, the informant's name is kept confidential and in FEDERAL investigations the amount of players is huge. With dozens of people indicted and dozens more involved, yes confidential informants are able to remain confidential. The Feds usually prosecute drug cases under a conspiracy charge. This means that the Defendants are charged for ongoing transactions over many years which makes it very difficult to pinpoint who a CI is. Also in the federal system hardly anything ever goes to trial because the sentencing guidelines create huge minimums if you lose in trial. Confidential informants never have to be burned except if you go to trial. If CI's never remained confidential then there would be no point in using them because no one would cooperate. CI's are used all the time at all stages of prosecution. There are never any guarantees but obviously the system works the majority of the time.

The confidentiality agreement is in writing and you get whatever it says you get...and you and the DA's office and/or agency can work out whatever agreement you want as long as the parties agree. Usually the deal is that you avoid all prosecution if you "work it off." Sometimes you are guaranteed a certain plea deal if you work it off. Sometimes you have to do some work to prove your reliability before you get a contract with guarantees. But in any case he was working with the Feds which is a whole different ballgame. Becoming an informant for the Feds very well might have been a mistake but once he enters into that agreement it is a HUGE decision to back out. Confidential informants who get burned very often wind up dead.

ok Dave333 I'm really not trying to be confrontational I'm trying to be fair. Bad advice is much much worse than no advice at all. You say you are experienced and know what you are talking about, and that I do not know what I am talking about. So exactly what is your experience and what is your profession? Have you ever seen a confidential informant contract? Have you ever written one? Have you ever represented the government in a hearing to prevent the disclosure of your CI? Have you ever represented a Defendant in a hearing to force such disclosure? Have you ever dismissed a 17 kilo State case because the Feds weren't willing to burn their CI? Have you ever dismissed a Defendant's criminal case because they were MURDERED once their CI status was burned? Well I have. Its not that your advice was necessarily wrong its that you were so dismissive of the process. There is a time and a place for working as a CI and there is definitely a line that you cannot cross and then back out.

[dave33]

Well, this isn't something I really wanted to disclose, but at one point a few years ago I was in the same position as the o.p. Almost identical circumstances. My charge was a misdemeanor I wasw just a kid and had no idea what to do. I was on probation at the time, so they had the legal means to lock me up immediately. I made a deal, or so I thought. Than I backed out. I know several people that have been tormented for doing this. He has no idea what rights he has left,and nobody looking out for his best interest. At best you would consider him extremely handicapped. He is being lead down the path. Also o.p said it is not the feds but the state. Also their deal is "It depends on the judge and prosecutor". That means zero. That is no deal,he has 2 choices. I would say 1 stop now. I cannot see your logic into getting further into that mess. Also he never got anything in writing, I thought every good lawyer said always get it in writing. They never planned on dismissing the charges,maybe he would have received some gratuity,maybe. Most likely in that lifesyle, making those decisions,he may very well see one of them again. He will be in a better position now. Also he wrote the thread because his conscience was bothering him, maybe this will take a little of the burden off. I understand the situation all to well. I did the right thing. Not proud of some of my past,but I can live with it.