What happens if a CI doesn't show up in a WV felony drug trial?

Question

In my felony drug trial in West Virginia, the confidential informant (CI) who wore a wire for a drug buy cannot be found and didn't show up to testify, despite a subpoena being issued. No other evidence was presented against me. What are the legal implications of the CI's absence on my trial?

James L. Arrasmith · Answer

If the confidential informant (CI) fails to appear in your West Virginia felony drug trial, it can have a major impact on the prosecution’s case. Since the CI was the primary witness and wore a wire during the controlled buy, their testimony is likely central to proving the charges. Without their presence, the prosecution may struggle to establish the key elements of the crime. 
 
In West Virginia, a defendant has the right to confront witnesses under the state and federal constitutions. If the CI does not testify, you may be able to argue that the case cannot proceed because the primary evidence is unavailable. The judge could dismiss the charges, continue the trial to allow the CI to be located, or allow the prosecution to introduce other admissible evidence if available. 
 
Since no other evidence was presented against you, the absence of the CI may significantly weaken the case. Your attorney can file a motion to dismiss or request a judgment of acquittal based on the lack of evidence. How the court handles it will depend on whether the prosecution can justify the CI’s absence and if alternative evidence exists, but the situation generally favors the defense when the key witness is unavailable.

Q: What happens if a CI doesn't show up in a WV felony drug trial?