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Drug charges

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Brmarin29

Junior Member
What is the name of your state (only U.S. law)? California. Arrested for drug sales. 1st count includes a prior offense within 5 years. Total for 1st count is 4 years. 3 additional counts of sales as well which carry 1year. Confidential informant used. Is confidential informant required to testify. If so, if confidential informant does not appear, to testify, can charges be dismissed?
 


FlyingRon

Senior Member
For someone who is a habitual felon such as yourself, you should know you should be talking to an attorney not an internet bulletin board. Whether the confidential informant needs to testify depends on what OTHER evidence there is against you (and possibly on what information the informant provided).

I think you may be overoptimistic on your potential sentencing. What makes you think the additional counts are only one year? By the way, if you are charged federally, you're in deeper doodoo.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? California. Arrested for drug sales. 1st count includes a prior offense within 5 years. Total for 1st count is 4 years. 3 additional counts of sales as well which carry 1year. Confidential informant used. Is confidential informant required to testify. If so, if confidential informant does not appear, to testify, can charges be dismissed?
Here is a link to a decent article on confidential informants, "Learning the Identity of a Confidential Informant," written by Alexis Kelly for NOLO: http://www.nolo.com/legal-encyclopedia/learning-the-identity-confidential-informant.html

Most prosecutors will try to use what they learn from the confidential informant and confirm it from other sources, this so they will not have to reveal the identity of the informant. The court will also evaluate the need of the defendant to know the identity of the informant to support a defense.

If you do not have a criminal defense attorney already, you need one. As FlyingRon noted, you should not be speaking about your crime publicly on an internet forum. Your attorney would advise against it.
 

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