Can You Prosecute the Informant Who Had You Charged With a Crime
My question involves criminal law for the state of: Texas
I was arrested for Indecent Exposure at a park. The police planted a confidential informant, a thief making a secret deal with the D.A., to help them make an arrest on a day when they couldn't find a legit one. Then the D.A. covered for them, giving me a fake name and identity to try to figure out. I was never aware of her real name or criminal record. That information was deliberately hidden. 14 months and 11 court dates, my lawyer convinced me to take deferred, as a victory of sorts. But this is fraud, failure to disclose, witness tampering, misconduct, and more. I want to file charges. In California it would be conspiracy. No one here knows what to do. I want my name cleared, and I want this secret illegal activity exposed. This is the same D.A. still going after Tom Delay.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
No it wouldn't be a conspiracy in CA. Stop watching Law & Order. CI's are ALWAYS criminals and they're used in every state of the union and you don't have to be told. That's why they're CONFIDENTIAL.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
No such thing as failure to disclose? Really? She also had another arrest for family violence. She imagined something sexual and attacked her partner. Her family called the police. CI's are not always technically criminals; sometimes they get paid, or are just doing what they consider it a public duty. If this was on the up and up, they wouldn't still be trying to keep everything a secret.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
The bottom line is you either brought junior out at the park or you didn't. You accepted a plea bargain confessing you did so. Sorry if you didn't get to tap the CI like you had planned on.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
You can "expose" your alleged conspiracy to anyone who might want to listen. But, as was mentioned, you either unleashed your johnson in public, or you didn't. If you did not, you could have gone to trial and IF the CI was the only witness against you, you could have gone to trial and fought to have him actually appear. You chose not to. Sorry for you.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
There was another witness who refused to take part in the fraud. Filing a police report was OK since he was getting paid. Lying under oath was not.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
Then you should have gone to trial. The minute you plead, you acquiesed to actually BEING a criminal.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
The plausibility of this conspiracy theory sounds a little flaccid to me.
Re: How to Expose a Cospiracy by Police and the D.a. to Frame an Innocent Person
Quote:
Quoting
wacojames
There was another witness who refused to take part in the fraud. Filing a police report was OK since he was getting paid. Lying under oath was not.
You had your chance to confront the witnesses against you. YOU chose not to make the state prove its case.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
Quote:
Quoting
wacojames
My question involves criminal law for the state of: Texas
I was arrested for Indecent Exposure at a park. The police planted a confidential informant, a thief making a secret deal with the D.A., to help them make an arrest on a day when they couldn't find a legit one. Then the D.A. covered for them, giving me a fake name and identity to try to figure out. I was never aware of her real name or criminal record. That information was deliberately hidden. 14 months and 11 court dates, my lawyer convinced me to take deferred, as a victory of sorts. But this is fraud, failure to disclose, witness tampering, misconduct, and more. I want to file charges. In California it would be conspiracy. No one here knows what to do. I want my name cleared, and I want this secret illegal activity exposed. This is the same D.A. still going after Tom Delay.
I think the others are making light of prosecutorial misconduct. With almost unfettered discretion and little checks or balance to prosecutors who go rogue, it is a real problem in this country that is getting worse and worse. What other constitutional rights must be thrown asunder in the vital search for willie waggers?
However, note the part about little checks or balance. If the OP properly appealed, the options available would be:
1. He loses the appeal.
2. He wins the appeal, but the appellate court finds that for some reason (perhaps his allocution), the violation is minor and not serious enough to overturn the plea.
3. He wins the appeal and the appellate court has him tried again with the withheld evidence provided to the suspect.
So, the best the OP could legally hope for is to be tried with the knowledge the witness against him had a criminal record. I can guarantee that is not going to make things go away. The plea deal is probably the best the OP could hope for.
As to exposing the criminal conspiracy, nobody cares. You may google prosecutorial misconduct if you would like, but there are many stories far worse than here and nothing changes.