In many cases, informants have helped the police dismantle drug networks across Indiana. However, if law enforcement promises to waive charges against them, should they trust it? Understanding who has the authority to make those decisions can help you set realistic expectations before agreeing to cooperate.
Do police have the authority to reduce or dismiss charges?
Verbal promises made by law enforcement officers are generally unenforceable by the court. In Indiana, the police don’t have the legal power to reduce or dismiss criminal charges. Only a county, state or federal prosecutor has the authority in this matter. Unless the individual secures a written promise or order from the prosecutor, there is no guarantee that cooperation will result in reduced or dismissed charges.
What are some expectations from the informants?
Becoming an informant has its own risks. As an informant, one has to:
- Be a part of drug bust operations
- Wear a hidden recording device
- Introduce undercover officers to suppliers
Furthermore, this process can extend for multiple operations until the significant objectives are met.
Even when someone cooperates, the prosecutor may decide that the circumstances do not justify reducing or dismissing the charges. In criminal defense, each case depends on its own facts, the value of the cooperation and the prosecutor’s discretion.
Why is it risky to do without an attorney’s help?
There are multiple unwritten and written rules that one has to follow while negotiating a deal. That is why having a criminal defense attorney who is familiar with established practices and expectations could greatly help someone who wants to become an informant and get their charges dropped.