Q: My Spouse has case with informant and Controlled Buy. Informant arrested on new charges and different case. what to do?

A: File a motion for all missing evidence or supplemental discovery, including the audio link and anything else referenced but missing.

A: If the informant in your spouse’s case was later arrested on separate drug charges, that could raise serious questions about their credibility. A defense attorney can use this to challenge their reliability, especially if they were working with law enforcement in exchange for leniency. If the prosecution heavily relies on this informant’s testimony, their new charges might weaken the case against your spouse. It’s important to gather records of the informant’s arrest and any past criminal history that may indicate dishonesty or bias.

Regarding the missing audio evidence, your spouse has the right to receive all evidence the prosecution intends to use, including recordings. If the discovery mentions an audio tape, but it has not been provided, a motion to compel evidence can be filed. The court can order the prosecution to turn over the recording or explain why it has not been disclosed. If the audio is lost or intentionally withheld, this could be grounds to challenge the fairness of the case.

If the police lied about a traffic stop and used that stop to gather evidence against your spouse, that may be a violation of their constitutional rights. The “fruit of the poisonous tree” doctrine could apply, meaning any evidence obtained as a result of the illegal stop might be suppressed. A motion to suppress evidence can be filed, arguing that law enforcement acted unlawfully. If the judge agrees, any evidence obtained from the stop could be thrown out, which could weaken the prosecution’s case.