Can a 'motion to uncover' be filed in any case with informants?
Find answers to your legal question.
Can a 'motion to uncover' be filed in any case with informants?
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I wish to file a motion to uncover the names of informants that were blacked out in a particular case. Are there any reasons why that request could be denied?
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Bob
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The statutory and case law will vary by state.
However, there is always the possibility that it will be denied for the safety of the informants or because you simply don't need it to provide yourself with a proper defense.
That said, you are still entitled to confront your accusers at trial (if they testify). If they do not testify, I do not believe that right will apply because the informants merely led the police to you and, therefore, are not your actual accusers. Thus, the confrontation clause would not apply.
Frankly, you need an attorney. If you have "informants" against you, this is not the sort of case you should be representing yourself in.
None of the above is to be construed as legal advice. Consult an attorney. |
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leslie S
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Don't know where you live but you really need an attorney. By me it is discover, not uncover, so your motion will go no where. Judges are picky about language.
Unlike in a trail where the prosecution needs to prove your guilt, in a motion hearing you have to prove your side, the prosecution need not prove anything.
Unless you can show that you must have the identities you will lose the motion. |
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DEE W
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Usually when you are a defendant they have to do a complete investigation and reveal all witnesses against you even ones that prove your innocence. |
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