how to beat a confidential informant

If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Identifying an informants true motives for providing information increases the chances of maximizing the quality and quantity of information they provide and being able to conduct an effective criminal investigation while at the same time , keeping everyone involved safe. NPR went there with veteran Juarez crime reporter Carlos Huerta. Martindale-Hubbell validates that a reviewer is a person with a valid email address. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. All rights reserved.|Disclaimer|Privacy policy. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. A .gov website belongs to an official government organization in the United States. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. There is case law that the defense attorney can argue about disclosing the identity of tipsters versus active participants in criminal cases that involve CIs. But Bencomo stayed on, and so did Lalo. 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 . In all, there were 12 victims. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Gonzalez lodged a complaint against ICE. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. Once the government uses you as a CI, they can be done with you. 2. The state will do its best to not reveal the identity of the CI. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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. Highlight information that would indicate their dishonesty or bias. Believe it or not it is legal for law enforcement to pay a government snitch! The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. reCAPTCHA and the Google Privacy Policy and 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. 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. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 0000000966 00000 n You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. The amount of a drug for which trafficking charges are applicable varies depending on the substance. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Criminal Defense Attorney in Philadelphia. 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. 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. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. 0000000016 00000 n But during our interview, ICE said that handbook still isn't finished. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Mathew is really eloquent and smart. Can a REDDI Report Be the Legal Basis for a Traffic Stop? It is important for law enforcement to protect the credibility of the informant as much as possible. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. "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.' 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. An attorney may help you weigh your options. This is something that can be used to impeach him when he testifies. It all depends on the facts of your case. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. In the end the police are working for the government and you are left holding the bag. Sign up. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The high court held that reliance on informant testimony implicates . But that is the sobering truth of being a CI. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. It is not like the old school movies where you can see a wire taped under someones shirt. 0000000884 00000 n The memo stated that those rules would be part of a new policy handbook. There are two opportunities to find out the identity of a confidential informant: before and during trial. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. and Raul Loya Confidential informants people who pose. Every day that passes is another day that the prosecutors office is working to secure your guilt. Human motives and motivation is a complex subject with many competing theories. Eventually, a dozen bodies were unearthed at the site. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Fabricating a confidential informant can lead to dire consequences. Login. The problem is that there is no one to police the police. Courtesy Texas DMV, U.S. D.O.J. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. In this hour of need and when this medical pro Mat was such a relief to our family! Our son was distraught and frightened and Matt was very reassuring and supportive. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Confidentiality is what makes the informant valuable. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. We came back night after night to see how many they dug up.". A simple he-said-she-said backed up with no observations won't be worth much in court. Saying they have a CI may be a cover for ill-gotten evidence and information. The more specific and detailed, the more likely a court is to accept a CI's information. However, an informant whos been burnt obviously wont be trusted in their typical circles. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Lalo wasn't looking to make a deal. Terms of Service apply. "So where are we going to find any help if we can't trust the U.S.?". No one. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Bencomo was the only one fired as a result of the Lalo fiasco. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. How Much Jail Time for Felony Grand Theft? 6. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. The recording devices used have become very sophisticated and are virtually undetectable. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. In my mind, he was given a license to kill. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. Courtesy Texas DMV, U.S. D.O.J. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Distinguished: An excellent rating for a lawyer with some experience. 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. 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 guidelines can be used to develop or revise written directives for using and managing informants. It just made me sick. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Confidential Informant Testifies as Government Witness. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. Confidential Informants can never be 100% protected by the Government or anyone else. Visit our attorney directory to find a lawyer near you who can help. Throughout, he maintained consistent communication each step of the way until my case was resolved. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. 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. 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. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). The purpose of the ruling is to establish an informant . They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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? The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. The required areas are criminal justice, law enforcement, police science, etc. for the objects of police raids if things go awry. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Secure .gov websites use HTTPS 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. He says Lalo was the keeper of the keys. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. However, the above measures are extra insurance for the police, they are not required. "Are you kidding me? And he didn't need the money he was already making plenty in Juarez's drug trade. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. "In my mind, he was given a license to kill.". So where are we going to find any help if we can't trust the U.S.? The CI meets you at a certain place and unknown to you, the police are watching the whole deal. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. 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 prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 0000017403 00000 n Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Do not wait to start working on your defense. Courtesy Texas DMV, U.S. D.O.J. If you need help defending yourself from these cases, our criminal defense firm can help. 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. 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. The CI is assigned a CI number and agrees to provide information about your case to the police. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Stay up-to-date with how the law affects your life. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 3 man in the Juarez cartel. The CI may do controlled buys. This means that the CI will have an agreement with the police. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The police have the upper hand on CIs. The CI may be wearing a wire or recording device. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". But he had his reasons for informing on the drug gang. The CI may be required to testify in a trial of the person they are snitching on. However, this does not have to be the case. in the former, a crime is reported to the police and an investigation is initiated; in the latter . If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. <<59BC4FB09E3701468D15B956FB86861C>]>> I am not saying my child didnt have a breakdown. That's all I'm doing right now.". You can receive an entirely free case evaluation with absolutely no obligation. A. 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. But it wasn't just the people of Juarez who were outraged. All rights reserved. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Read More >>. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Law enforcement may keep threatening jail or charges unless you work one more deal for them. Answer (1 of 5): The first thing you need to do is know your enemy. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. 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. 0000001889 00000 n He also tried to get Congress to investigate, but that went nowhere. hide caption. A common myth that is absolutely not true is that confidential informants do not testify in trials. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. The CI may be working several buy busts before the CIs work is finished with the police. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. The use of informants by police is essentially unregulated by the courts. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. Bencomo says the agents were told that Santillan was the No. After all, the average CI is a Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Thus, a court needs some basis for a CI's allegations. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 0000018883 00000 n On the other hand, when law enforcement fails to follow proper procedures, then credibility becomes an issue that can be used to defend against these charges. 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. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Lalo has been in solitary confinement for more than five years. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. similac 360 total care substitute, one piece crochet dog sweater pattern, ut martin head football coach salary,

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