Police officers investigating criminal activity and prosecutors building criminal cases often make use of a variety of different types of evidence. Typically, the most authoritative evidence includes confessions made to police officers, security camera footage and forensic evidence connecting an individual to a specific criminal incident.
However, when the state can’t find reliable, objective evidence, investigators may start reaching as they attempt to develop a case. For example, they may work with jailhouse informants who claim to have information because they shared space with an individual who is under arrest. An informant may assert that the defendant confessed or implicated themselves while in state custody.
Can a defendant facing charges primarily backed by claims made by a jailhouse informant counter the allegations that have been made about their behavior or confession?
Jailhouse informants aren’t always reliable
It isn’t that hard to see why jailhouse informants may not provide the most accurate information about a criminal matter. They have something to gain by convincing the state that they have knowledge of specific criminal activity.
In many cases, jailhouse informants trade their testimony in exchange for the state dismissing charges against them, reducing pending charges or eliminating certain penalties that they could face when they go to trial. The potential for personal gain makes jailhouse informants unreliable at best.
Many of them may have already had numerous encounters with the criminal justice system. They might struggle with substance abuse disorders. In other words, their statements are not necessarily reliable. A criminal defense attorney can potentially help raise questions about the accuracy and objectivity of a jailhouse informant’s claims.
By undermining their credibility, it may be possible to reduce how much weight the courts give their testimony. Particularly in cases where there isn’t forensic evidence or other compelling information connecting the defendant to a criminal offense, raising questions about the use of a jailhouse informant’s testimony can be a highly successful defense strategy.
Using the right of discovery to evaluate the state’s case can help people prepare a viable criminal defense strategy when facing charges, such as allegations of a violent offense. Those facing accusations backed by the statement of a jailhouse informant may be able to raise questions about their ties to alleged criminal activity.