Using Jailhouse Informants in Your DC Criminal Defense

Using Jailhouse Informants in Your DC Criminal Defense

If you’ve been charged with a crime in DC, you may be wondering whether the prosecution will try to use a jailhouse informant against you. Jailhouse informants are inmates who claim that the defendant confessed or made incriminating statements to them while in jail or prison. Here’s what you need to know about jailhouse informants and how they can impact your criminal defense.

What are Jailhouse Informants?

A jailhouse informant is someone who’s in jail or prison and claims to have information about the defendant’s involvement in the crime. They may say the defendant confessed to them or made incriminating statements while they were housed near each other in jail.¹ These informants offer to testify against the defendant in exchange for some benefit, like a reduced sentence or extra privileges in jail.

Police and prosecutors sometimes make deals with jailhouse informants to get information. The informant gets rewarded for supposed cooperation, even if the information is not accurate. There’s concern that some informants make up confessions or exaggerate statements by defendants to get rewards.

How are Jailhouse Informants Used in DC?

While jailhouse informant testimony is still allowed in DC, there are some safeguards in place to prevent false testimony:

• Judges may hold pretrial reliability hearings to examine the informant’s credibility before allowing them to testify.³
• Prosecutors are required to disclose any deals or benefits offered to informants.
• Judges may give cautionary jury instructions explaining that informant testimony must be scrutinized with care.

Still, jailhouse informants continue to be used in some DC cases. As a criminal defendant, it’s important to be aware of this possibility and ready to challenge any informant testimony.

Fighting Back Against Jailhouse Informants

Here are some strategies your defense attorney may use if there is a jailhouse informant testifying against you:

• Challenge their credibility. Your attorney will scrutinize the informant’s background and motivation for testifying. Evidence of their criminal history or history of lying can be used to undermine their credibility.
• Highlight inconsistencies. Your attorney will compare the informant’s testimony to the facts of the case, looking for inconsistencies that suggest they fabricated the confession.
• Question their sources of information. Your attorney will look for other ways the informant could have gathered the details about your case besides you telling them.
• Present counterevidence. Your attorney may present evidence like jail logs or recordings to counter the informant’s claims about conversations with you.
• Request cautionary instructions. Your attorney may ask the judge to give specific instructions warning the jury about the unreliability of jailhouse informants.

In some cases, the prosecution’s use of a jailhouse informant may enable the defense to introduce evidence that otherwise would not be admissible, like evidence about third-party culpability.⁴ Your attorney can advise you on the best defense strategies if you face a jailhouse informant.

Why You Should Never Talk to Jailhouse Informants

If you’re in jail awaiting trial, it’s important to avoid having conversations with any inmates you don’t know or trust. Here’s why:

• They may be informants trying to get you to make incriminating statements.
• Anything you say to another inmate could potentially be used against you.
• Informants often claim defendants made statements to them that were never actually made.
• It’s better to simply avoid conversations about your case with untrustworthy inmates.

Be very cautious about who you talk to in jail and what you say. Don’t discuss your case details with any cellmates or inmates. Assume anything you say could make it back to prosecutors or be used against you. If you need to talk through your case, speak only with your defense attorney who has confidentiality.

Work Closely with Your Defense Attorney

If you learn a jailhouse informant will be testifying against you, make sure to work very closely with your criminal defense attorney. An experienced attorney will know how to protect your rights and mount the best defense against any unreliable jailhouse informant testimony. Be sure to discuss the situation honestly with your attorney so they can properly investigate the claims and advise you.

With an aggressive defense focused on discrediting the informant, it’s possible to beat the prosecution’s case even if they’re relying on a jailhouse informant. Don’t lose hope if you learn an informant is being used against you. Fight back with an experienced criminal defense lawyer at your side.