how to beat a confidential informant

Saying they have a CI may be a cover for ill-gotten evidence and information. Law enforcement may keep threatening jail or charges unless you work one more deal for them. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. Every day that passes is another day that the prosecutors office is working to secure your guilt. The recording devices used have become very sophisticated and are virtually undetectable. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). hide caption. "I believe in some kind of justice, and I think I was doing something good," he said. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. 129 14 If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." However, this does not have to be the case. However, you need a tireless defense team fighting on your behalf. 129 0 obj <> endobj The police can use information gained from the CI about you that the Government can use when prosecuting your case. 0000018883 00000 n You will not be able to notice the marks. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. The majority of informants are those working off their own cases. So how can a court find a CI's testimony to be credible? 0000032339 00000 n The identity of the CI can be necessary to a Defendants defense in their criminal case. A .gov website belongs to an official government organization in the United States. The government could decide to charge someone who does that with obstruction of justice, among other things. You deserve the same chance at having an excellent legal defense. Mathew is really eloquent and smart. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Yes, a felon can be an informant. 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. The reason for this is the police use the CI to gain probable cause for your arrest. 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. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. %PDF-1.3 % Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. hide caption. Guadalupe Juarez/AFP/Getty Images The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. He also helped crack a major international cigarette smuggling ring. "So where are we going to find any help if we can't trust the U.S.?". So where are we going to find any help if we can't trust the U.S.? AV Preeminent: The highest peer rating standard. Lalo has been in solitary confinement for more than five years. "I was shocked. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. Being a CI is a very dangerous, risky endeavor. This site is protected by "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Confidentiality is what makes the informant valuable. Police and prosecutors generally want to keep the identity of their CI a secret. 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. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Ashok Dhamija Absolutely. 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. Confidential informants arent the same as anonymous sources or tipsters. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Why did the chicken cross the road ? Demonstrate any past instances of false or invalidated evidence or information they have provided. 913, though most called him by the nickname Lalo. Bencomo says Lalo was different from other informants. Fortunately we have done it for you. 1 ANSWER. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. advice, does not constitute a lawyer referral service, and no attorney-client or He's clean-cut and clearly educated. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. How Do You Beat a Drug Trafficking Charge in Florida? The Client Review Rating score is determined through the aggregation of validated responses. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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? Login. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. We contacted our attorney in the state where we live and he recommended Matt to us. Put crudely . The more specific and detailed, the more likely a court is to accept a CI's information. "I had to go to the restroom and throw up. 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. Criminal defense attorneys have a host of tools to do this. 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. 0000000884 00000 n Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. Guadalupe Juarez/AFP/Getty Images Lalo said his actions were necessary to maintain his cover. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. 0000000576 00000 n Read More >>. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. The state will do its best to not reveal the identity of the CI. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. "There were these code words that the bosses would say to Lalo," Huerta says. ) or https:// means youve safely connected to the .gov website. He also tried to get Congress to investigate, but that went nowhere. Law enforcement will often corroborate a CI's information with consistent observations by officers. Lalo's information was on the mark. and Raul Loya Confidential informants people who pose. 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 2. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. But as that investigation started, ICE's prized snitch came under suspicion. The attorney Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. He says that the agency's guidelines for using confidential informants are sound. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Are Confidential Informants Credible? "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Drug smuggling turned out to be the least of Lalo's exploits. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. Jeralyn Elise Merritt (Unclaimed Profile). Head of the criminal defense division and fellow partner Matt Shafran is an experienced criminal defense attorney in Florida who is ready and willing to fight aggressively in a court of law to defend your rights. Learn more 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. To the U.S. government, he was officially informant No. The feds paid Lalo well: nearly $250,000 over four years. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. 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. Therefore, they wont be able to provide any information. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. "Even if the man was John Gotti in his prime, you do not allow an informant to run the investigation; you do not let the informant commit felonies, to commit murder," he says. NPR went there with veteran Juarez crime reporter Carlos Huerta. Contact us. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The CI will likely be paying with marked money. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. "I really was doing something good," he said. <<59BC4FB09E3701468D15B956FB86861C>]>> The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. The true identity of a confidential informant should be strictly limited to an identified number of people. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. You order drugs from the CI. An exchange for leniency in the charges against the informant generally occurs in these situations. he says. Distinguished: An excellent rating for a lawyer with some experience. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. My reservations were quickly eased during my initial consultation. In my mind, he was given a license to kill. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. He says Lalo was the keeper of the keys. The CI may do controlled buys. This means that the CI will have an agreement with the police. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Secondly, know all the versions of the s. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. It just made me sick. If the FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Throughout, he maintained consistent communication each step of the way until my case was resolved. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . 0000000966 00000 n Thus, a court needs some basis for a CI's allegations. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. 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. But he had his reasons for informing on the drug gang. An official website of the United States government, Department of Justice. 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. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. But she did. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Do not allow any of these things to happen to you. A person shall not knowingly: 1. The majority of informants are those working off . If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. 0000017403 00000 n "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". Do not wait to start working on your defense. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. "It hit me like cold water in the face; it just feels terrible. There is no obligation from the Government to protect you the rest of your life because you served as a CI. You impeach them on the stand, which discredits the evidence, information, and testimony they give. 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. I couldn't believe it," says the DEA's Sandalio Gonzalez. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. His performance in court was outstanding and gave me a big victory. A lock ( Those are . Believe it or not it is legal for law enforcement to pay a government snitch! In all, there were 12 victims. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. This is a common issue people face when working as CIs. 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. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Yes, a felon can be an informant. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. It's also the least painful and expensive. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. Your attorney could fight for you during any pretrial motions on whether the identity of the CI will be revealed or called as a witness. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. "I don't know if they are going to keep me here for the rest of my life," he said. To the U.S. government, he was officially informant No. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. 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. hide caption. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. Copyright 2023 MH Sub I, LLC dba Internet Brands. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 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. Schedule a free consultation today. I am not saying my child didnt have a breakdown. How Can Mitigation Help Get Me The Lowest Possible Sentence? But it wasn't just the people of Juarez who were outraged. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 142 0 obj<>stream This is very wrong and a misconception. 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. The guidelines can be used to develop or revise written directives for using and managing informants. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. But that is the sobering truth of being a CI. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. %%EOF 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, A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. The CI knows he/she is working as a snitch, but you do not. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 6. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. The Drug Enforcement Administration blacklisted him. And the devices are constantly evolving and improving. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Anyone considering being a CI should first talk to a criminal defense attorney. And he didn't need the money he was already making plenty in Juarez's drug trade. A still from a video in which Lalo talks about his case. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. confidential relationship is or should be formed by use of the site. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. You may feel trapped by serving as a Government informant. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there.

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