What are the consequences for a defendant if they receive a notice that reads, “No charges because the confidential informant could not be located”?

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What are the consequences for a defendant if they receive a notice that reads, “No charges because the confidential informant could not be located”?

I just got this in the mail 2 days ago and have to be in court tomorrow regarding alleged controlled buys for small amounts of marijuana. A C.I. wore a wire but now cannot be found. This was 6 months ago and no charges were ever filed. They are taking my wife and I to court for child endangerment and we have no idea what to expect.

Asked on September 18, 2011 under Criminal Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to have an attorney go wit you to all court appearances in this matter.  Please.  You are taking the position that you are not guilty, correct? Then it appears that with out the informant you are not NOW being charged.  It may mean that you can be charged in the future should they find the informant with in the time frame that is permitted for them to charge you with the crime.  But you need to have the arrest expunged - wiped out - and you need to make sure that your NOT being charged is told to the court and so there is no basis for a charge of child endangerment (I am assuming that there are no other facts here I need to know).  Get help.  And keep your child safe.


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