Q: Attorney Tully, I got arrested for selling cocaine. I was set up by a snitch. I want to find out who the snitch was. Can I?
A: It depends on whether the snitch’s identity is material to your defense at trial. Surprisingly, informants seldom if ever testify at trial. Whether you can find out the informant’s identity involves a balancing test. The Judge must weigh the safety of the informant against your right to know the name of the person who set you up. How is knowing the informant’s name important to your defense? That is what the Judge will ask. Call me.