Is there such a thing as a Confidential Informant’s privilege.

In Ohio, courts recognize the prosecutions right to withhold the name(s)
of individuals providing the police detectives with confidential information
leading to an arrest. Police departments statewide rely on confidential
informants to provide information that can only be learned from within
a particular criminal enterprise. Often times, confidential informants
are persons receiving some type of deferred prosecution due to their cooperation.
Understandably, informants usually request some type of reassurance that
their identities remain undisclosed.

However, in Ohio, this privilege is not absolute. If the confidential informant’s
identity is vital to the issue of guilt or innocence the court will order
the informant to testify. The state must reveal the informant’s identity
to a criminal defendant if the informant’s testimony either (1) is
critical to establishing an element of the crime or (2) would be helpful
or beneficial to the defendant in preparing or making a defense.

It is important to seek legal counsel before working with law enforcement
as a confidential informant. Often times the agreed terms are vaguely
explained and the individual is not aware of exactly is asked of them.
DO NOT enter into any agreement until your attorney has the opportunity
to discuss the agreement at length with the requesting police agency.