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Mar 26, 2024 · Rule 3.220 - DISCOVERY (a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a "Notice of Discovery" which shall bind both the prosecution and defendant to all discovery procedures ...
Jun 29, 2016 · If you believe that you are dealing with an entrapment situation in your case, contact the Bradenton criminal defense attorneys at the Fowler Law Group by calling (941) 900-3100 as soon as possible to ensure your rights are preserved. Proving entrapment can be a tough task, mainly because the majority of prosecutors and judges do not want to ...
People also ask
Can a defendant find out the identity of a confidential informant?
Can the police investigate a confidential informant?
Should the government give up the identity of a confidential informant?
What if a police informant tipped off a search warrant?
Apr 19, 2023 · Under Florida Statute Section 914.22 (3), a person commits the crime of harassing a witness, victim, or informant when the person: or attempts to do so. Florida Statute Section 914.22 (4) provides the penalties and punishments for harassing a witness, victim, or informant. The penalties and punishments depend on the severity of the underlying ...
A. Informants Usually Remain Anonymous in the Search Warrant Application. The first thing to know about informants who tip off the police is that the informant’s identity is generally not used when the police ask for a search warrant. Rather, the police will simply tell the judge that they heard information about a possible crime from an ...
- Information The Prosecution Has to Share with A Criminal Defendant
- Good Reasons For Secrecy
- Uncovering The Identity of A Confidential Informant
- "We Don't Even Know Who He is!"
- Use It Or Lose It
In a criminal case, the prosecution must disclose information that forms the basis of its case. This process is called discovery. A defendant is entitled to the names and statements of the witnesses that the prosecution plans to call, as well as a list of physical evidence and documents. The prosecution must also disclose any deal it has offered to...
The government has an interest in not giving up the identity of a confidential informant to a defendant or anyone else. After all, CIs provide the police information that can put people in prison, and they often legitimately fear retaliation. Courts have long recognized the importance of the confidential informant in solving crime. Police gain info...
The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops. After a defendant has made a motion to reveal the identit...
The prosecution and police typically don't have to reveal the identity of an informant if they don't have it. So if they get an anonymous phone call detailing some of Joe's shady business activities and use this information as a lead to uncover Joe's dealings, Joe would be out of luck at trial in discovering the identity of the person who ratted hi...
There are two opportunities to find out the identity of a confidential informant: before and during trial. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). It can be an uphill battle to learn the identity of a confidential in...
informants); (e) to obtain evidence to properly determine legal issues in a case; (f) to avoid substantial injury to innocent third parties (e.g., to protect young witnesses from offensive testimony; to protect children in a divorce); (g) to avoid substantial injury to a party by disclosure of matters protected by a common
J.L. involved a possessory offense (handgun possession) rather than driving under the influence. (Wells, supra., at 1084.) The offense of drunk driving is sufficiently distinct from a possessory offense so that the “lack of ‘predictive information’” provided by the tip is not fatal to the reasonableness of the stop.
