Evidence from informants is not always admissible in criminal cases in New Jersey, and our lawyers may help you get it thrown out of your case.
Judges can throw out evidence from informants, such as testimony or physical evidence obtained through a search, if the warrant was obtained based on a bad tip from an uncredible informant. Evidence can be suppressed if an informant lacks credibility, has a history of providing incorrect or stale information, or if the prosecution refuses to disclose the informant’s identity despite a mandatory disclosure requirement. To get the judge to throw out evidence from informants, we must file a pre-trial motion to suppress. A hearing will follow, during which we can explain why the evidence should not be allowed.
Get your free case evaluation from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956 today.
Why Can Evidence from Informants Be Thrown Out in New Jersey?
Evidence from informants can be excluded for several reasons, such as the informant lacking credibility or their identity being withheld when it must be disclosed to the defense due to the specific context.
Unlawful Search & Seizure
When an informant is acting as a government agent, meaning they are under the direction of the police, they may not conduct an unlawful search or seizure of property without a warrant.
If a warrant is obtained based on information from an informant, and the warrant lacked probable cause, any evidence obtained while executing that warrant becomes inadmissible, as it is considered “fruit of the poisonous tree.”
Failure to Disclose Identity
Under the Sixth Amendment, the defendant has the right to confront and face their accuser. When our Atlantic City, NJ criminal defense lawyers establish that the informant was an active participant in the offense or a material witness, meaning they are vital to your defense and case preparation, and we file a motion to compel, their identity must be disclosed.
If the prosecution refuses to disclose the informant’s identity in this scenario, the judge can suppress evidence relating to the informant, such as their testimony. If an informant is not a material witness or the court believes their safety is at risk, the court may keep their identity undisclosed to the defense.
How Do You Suppress Evidence from Informants in New Jersey?
Suppressing evidence from informants requires our lawyers to file successful pre-trial motions in New Jersey.
File a Motion to Suppress
To get evidence from informants thrown out in New Jersey, our lawyers can file a motion to suppress it. Pre-trial motions are crucial to any defense and help ensure jurors never see detrimental evidence, such as inadmissible testimony or other evidence from informants.
Hearsay Objections
If the informant is not there to testify in court, anything they said to the police that the prosecution then tries to use to prove your guilt could be thrown out for hearsay, with exceptions. All of this may be handled through pre-trial motions so that such inadmissible evidence is never heard or seen by jurors.
Present Arguments During a Hearing
If the police obtain a search warrant based on information from an informant, and that information turns out to be insufficient for probable cause, we can argue that any evidence resulting from the search is suppressed.
Suppression hearings can prevent informants from testifying at trial and discussing their knowledge of your alleged involvement in a criminal offense.
How to Deal with Evidence from Informants that Can’t Be Thrown Out in New Jersey?
Evidence from informants can’t always be thrown out if it is credible and legally admissible. In these situations, our lawyers can address this evidence head-on during trials.
Challenge During Cross-Examination
During cross-examination of a prosecution witness, including an informant, our lawyers can question their credibility on the stand. We can expose the witness’s possible motives for providing specific information, such as immunity or reduced charges, so the jury questions the evidence’s legitimacy and leaves room for reasonable doubt. Making inconsistent statements or having a history of lying to law enforcement or providing unreliable tips speaks to an informant’s lack of credibility.
Challenge with Other Witnesses/Evidence
We can also present our own witnesses and evidence to contradict statements made by an informant on the stand. The more we know about an informant, the better we can prepare for in-court testimony, so we will file motions to compel the disclosure of the informant’s identity if knowing it is crucial to prepare your defense.
FAQs About Evidence from Informants in New Jersey
What is an Informant?
An informant is someone who provides information to law enforcement regarding a specific criminal offense or activity. Informants can be alleged victims or other active participants. The term “informant” applies to anyone who gives information to the police.
Are All Informants Confidential Informants?
Not all informants are confidential informants, who are typically undercover officers seeking privileged information or alleged victims who need protection.
What Can Prosecutors Do with Evidence from Informants?
The police might use information from informants to obtain a search warrant from a judge. Prosecutors might also have informants testify as witnesses during criminal trials, unless our lawyers can suppress their testimony.
What Charges Do Informants Give Information About?
Informants typically give information about ongoing criminal activity, particularly drug trafficking and manufacturing offenses. Prosecutors also use informants for weapons charges and violent crimes.
What Kind of Evidence Can an Informant Give?
Informants can give evidence and testify about criminal activity that they participated in or witnessed firsthand.
Do Informants Testify During Criminal Trials?
To present evidence from informants, prosecutors may have them testify at trial. Stopping this testimony from reaching jurors’ ears can make all the difference in your case, and we can challenge its admissibility.
Do You Need a Lawyer to Suppress Evidence from Informants?
Without a lawyer’s help, you may not realize that evidence from informants should be challenged, leading to it unfairly affecting your trial.
Call Our New Jersey Attorneys About Your Criminal Charges
Call the Haddonfield, NJ criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956 for help with your case now.
