6. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. A simple he-said-she-said backed up with no observations won't be worth much in court. The CI is assigned a CI number and agrees to provide information about your case to the police. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. He's clean-cut and clearly educated. The informant is given money from the police department, with the serial numbers recorded, to ensure that the money is actually given to the suspect. However, this does not have to be the case. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. Just think if the police say your charge will be dismissed if you work as a CI and later on your charges are not dropped Who are you going to complain to? Visit our attorney directory to find a lawyer near you who can help. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. And the devices are constantly evolving and improving. ICE says it learned some lessons dealing with Lalo. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. Being a CI is a very dangerous, risky endeavor. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Share sensitive information only on official, secure websites. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 1 ANSWER. It is possible to beat drug trafficking charges. Go to a law library and take a look at the United States Code Annotated or the United States Code Service for cases citing those statutes and see what happens when a confidential informant is "beaten". Even with the promise of payment, the decision to become a CI is very dangerous. To the U.S. government, he was officially informant No. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Can a felon be a confidential informant? hide caption. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Thus, a court needs some basis for a CI's allegations. Bencomo was the only one fired as a result of the Lalo fiasco. An official website of the United States government, Department of Justice. In any case, the outcome will most likely benefit you as the defendant. The memo stated that those rules would be part of a new policy handbook. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. You will not be able to notice the marks. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. Supplemental Terms. Mathew is really eloquent and smart. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. A Bureau of Justice Assistance Monograph. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. Can a REDDI Report Be the Legal Basis for a Traffic Stop? Call 954-845-0505 any time, day or night, to speak with a member of our team. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Distinguished: An excellent rating for a lawyer with some experience. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. Stay up-to-date with how the law affects your life. If a confidential informant can be used against you; Whether and when the identity of a confidential informant has to be disclosed; How a confidential informant can hurt your case; and. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Here in Mexico, there is no justice, only impunity. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. This story was produced for broadcast by Marisa Penaloza. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. 0000032775 00000 n Matt was available throughout the process for consultations with both my son and his parents. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Login. 0000017403 00000 n Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Being a convicted felon means that the criminal offense will always show up on a background check and you may find it difficult to find housing or employment in the future. 0000032339 00000 n Understanding an informants motives for providing information is fundamental to managing them effectively. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. No, the identity of informants are not public record. If CIs were public record, it would put their lives in danger and the lives of their loved ones. "He would say, 'We're going to have a barbecue.' NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. This website is for general informational purposes only. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Absolutely. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. hide caption. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. The CI is searched before and after the deal by the police. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Confidential Informant Testifies as Government Witness. The identity of the CI can be necessary to a Defendants defense in their criminal case. Read More >>. 0000001712 00000 n The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. The monograph is organized around the confidential informant's employment . If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. "There were these code words that the bosses would say to Lalo," Huerta says. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The required areas are criminal justice, law enforcement, police science, etc. Lalo wasn't looking to make a deal. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. However, the above measures are extra insurance for the police, they are not required. You can receive an entirely free case evaluation with absolutely no obligation. For now, he said, jail is better than the fate he faces in Mexico. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. For a free legal consultation, call 215.515.3360. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Copyright 2023 Weinstein Legal. Copyright 2022, Thomson Reuters. Meeting with a lawyer can help you understand your options and how to best protect your rights. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Guadalupe Juarez/AFP/Getty Images This important decision can affect you the rest of your life and possibly even your loved ones or friends. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. If youre worried about how to beat a confidential informant, let the, represent you. Informants nationwide end up beaten, tortured and dead once they're found out. "I really was doing something good," he said. There must be some legal guarantee that a CI's info is good. This field is for validation purposes and should be left unchanged. 0000000016 00000 n And gaining a better understanding of what motivates people takes time. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. ZIP The Client Review Rating score is determined through the aggregation of validated responses. and Raul Loya. Are Confidential Informants Credible? The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. Yes, a felon can be an informant. But as that investigation started, ICE's prized snitch came under suspicion. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. Here in Mexico, there is no justice, only impunity," Magana says. His sincerity, empathy and commitment to advocating on my behalf were apparent. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. The definition of drug trafficking in Florida, according to the state legislature, is: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of a controlled substance over a certain weight/amount or under certain circumstances. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Yes, a felon can be an informant. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. But that is the sobering truth of being a CI. hide caption. Yes, in some circumstances the police will pay a person to be a CI. By searching the informant, surveilling the buy, and taking other similar measures, the goal is to eliminate the possibility that the informant could plant the drugs on the suspect in order to fulfill the deal with the police. Police and prosecutors generally want to keep the identity of their CI a secret. The police have the upper hand on CIs. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Police and prosecutors generally want to keep the identity of their CI a secret. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, Details for individual reviews received before 2009 are not displayed. A responsive, knowledgeable and skilled attorney. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Terms of Service apply. There are several ways to become an FBI informant. With every new body, the smell would hit us it was horrible. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? There should be an audit trail detail who has seen the true identity and when they saw it. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. The information may prove to relate to exculpatory evidence. However, this does not have to be the case. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Typically, the process requires that the confidential informant be thoroughly searched before going into the controlled buy to ensure they are not already in possession of any drugs. After all, the average CI is a For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. Jeralyn Elise Merritt (Unclaimed Profile). Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. That's all I'm doing right now.". Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Human motives and motivation is a complex subject with many competing theories. and Raul Loya Confidential informants people who pose. Drug smuggling turned out to be the least of Lalo's exploits. How Can Mitigation Help Get Me The Lowest Possible Sentence? CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. The CI knows he/she is working as a snitch, but you do not. It all depends on the facts of your case. Saying they have a CI may be a cover for ill-gotten evidence and information. There are basically three types of informants: those who agree to cooperate with the police in exchange for favorable treatment in their own cases; those who inform in exchange for money; and citizen-informants who inform out of a sense of civic duty. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. So how can a court find a CI's testimony to be credible? The CI may be working several buy busts before the CIs work is finished with the police. "I had to go to the restroom and throw up. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. We found ourselves against all odds. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. ICE says the fault lies with former agent Bencomo, Lalo's handler. An attorney may help you weigh your options. Those are . The CI meets you at a certain place and unknown to you, the police are watching the whole deal. Courtesy Texas DMV, U.S. D.O.J. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Lalo said his actions were necessary to maintain his cover. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 0000018883 00000 n This is a common issue people face when working as CIs. A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. "So where are we going to find any help if we can't trust the U.S.?". The crux revolves around the confidential part of the confidential informant. he says. There are legal defenses available to you. This decision can affect you and others for the rest of your life. These Guidelines apply to the use of a Confidential Informant in a foreign country only to the extent that the Confidential Informant is reasonably likely to be called to testify in a domestic case. While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. He also helped crack a major international cigarette smuggling ring. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. A confidential informant, casually called a "snitch," is a person who tells the police about suspected criminals and tells them everything he or she knows about said suspect. The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. If the CI doesnt testify against you but the State uses the evidence from the CI against you, your attorney would need to know how to argue against the admissibility of this information. You cant enforce these agreements or conversations. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Schedule a free consultation today. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. [It is only available to law enforcement.]. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. AV Preeminent: The highest peer rating standard. Possess a dangerous drug for sale. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. The use of informants by police is essentially unregulated by the courts. In the end the police are working for the government and you are left holding the bag. "Are you kidding me? Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. His performance in court was outstanding and gave me a big victory. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. The CI may be charged with a serious drug (or other) criminal offense. "It hit me like cold water in the face; it just feels terrible. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Timeline: An ICE Informant Run Amok Or Mishandled? It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. advice, does not constitute a lawyer referral service, and no attorney-client or Contributing to the Delinquency of a Minor. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). We called after our son was arrested for a crime he committed nearly 9 months earlier. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching.
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