Wrongfully indicted for drug charges; appeal plea, legal for CI to transact with kids at home?

Question

I was wrongfully indicted for the sale and delivery of Schedule II substances, which allegedly occurred in my home after my children let the confidential informant in, not me. Although I made a phone call to get drugs and told the informant I would leave to retrieve them, someone else unexpectedly showed up with the drugs, proving I didn’t facilitate or leave my house to get them, as initially suggested. The confidential informant was seen stopping by a different house directly connected to the actual dealer, asking them to buy drugs, before coming to mine. Furthermore, the confidential informant set up a drug transaction without my knowledge while my kids were home; I wasn't going to bring drugs around them. I was charged with two school zone violations, but a later-issued ticket to a friend at my address indicated that it is not a school zone. My public defender, who did not file any motions or attempt to prove my innocence despite evidence in my discovery, persuaded me to take a plea deal for a lesser offense due to fear of a longer sentence. I later discovered my public defender previously represented the confidential informant in the case and failed to inform me of any constitutional rights violations. He also scared my witness out of testifying, even though the confidential informant admitted I didn’t commit the charged crimes, and there's no actual proof of my involvement. I have notarized statements from the actual dealer stating that I didn’t facilitate or contact him to bring drugs to my house, and this dealer is not being charged in the case. Can I appeal the plea and have a trial? Is it proper for the public defender to represent me when he earlier represented the same informant? Also, is it legal for the confidential informant to set up a drug transaction without my knowledge while my children were present?

Cayley Turrin · Answer

HIRE AN ATTORNEY IMMEDIATELY

Anthony M. Avery · Answer

Setting aside your admission to a crime will be difficult.   A post conviction petition for ineffective assistance of counsel will be difficult also.  Both are time sensitive and demand excellent legal counsel.    Why did you not hire your own attorney to start with?

James L. Arrasmith · Answer

You have multiple serious constitutional and legal issues that warrant immediate attention. If your public defender previously represented the same confidential informant involved in your case and failed to disclose that conflict, it may constitute a violation of your Sixth Amendment right to conflict-free counsel. That alone could be grounds to challenge your conviction or withdraw your plea, especially if you can show that it impacted the quality of your defense. The fact that your attorney filed no motions, suppressed witnesses, and discouraged your defense strategy further supports a claim of ineffective assistance of counsel. 
 
A plea deal made under fear, misinformation, or without knowing critical conflicts of interest can be challenged through a motion to withdraw your plea or post-conviction relief. The notarized statements from the actual dealer and the lack of school zone status—if supported by evidence—are also powerful grounds to revisit the charges. If your attorney misled you or withheld exculpatory information, that violates your right to make an informed decision about your case. The conduct of the confidential informant, particularly if it endangered your children or created criminal exposure without your knowledge, may also raise due process concerns. 
 
Confidential informants are not allowed to fabricate transactions or induce illegal behavior without oversight, especially in a home with children present. The fact that someone else brought drugs to your house without your request or presence—and the CI’s prior stop at the dealer’s home—undermines the idea that you orchestrated anything. You still have a path to seek justice, but time is critical. You were pressured into a conviction that the facts and evidence don’t support, and now is the time to reclaim your voice and your record. You deserve a courtroom that hears the whole truth—not just what fear allowed.

Q: Wrongfully indicted for drug charges; appeal plea, legal for CI to transact with kids at home?