how to beat a confidential informant

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. A few other articles found on the internet will give an expanded version of that list. Fortunately we have done it for you. 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. All rights reserved.|Disclaimer|Privacy policy. Confidential informants arent the same as anonymous sources or tipsters. The CI knows he/she is working as a snitch, but you do not. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Login. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Ashok Dhamija 0000001712 00000 n 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. 0 It can also be risky for the prosecution if they must give the CIs identity to the defense later. In general, the Government goes to great lengths to not reveal the identity of snitches. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. The CI may be wearing a wire or recording device. 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. He also helped crack a major international cigarette smuggling ring. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Is a Confidential Informant Truthful? What are the different Martindale-Hubbell Peer Review Ratings?*. "So where are we going to find any help if we can't trust the U.S.?". Exculpatory evidence is evidence that could clear the defendant of guilt. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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. Demonstrate any past instances of false or invalidated evidence or information they have provided. It has been dubbed the House of Death. Your access of/to and use Do not allow any of these things to happen to you. Possibly, yes. In my mind, he was given a license to kill. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. 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. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Our consultant Dr John Buckley will be. The killings in Juarez took place more than six years ago. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Bencomo was the only one fired as a result of the Lalo fiasco. 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. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". My reservations were quickly eased during my initial consultation. 5. 0000000576 00000 n We found ourselves against all odds. The problem is that there is no one to police the police. 3. 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. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. (The capacity for telling lies is called "mendacity," in case you were wondering.) The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. Secondly, know all the versions of the s. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. Confidentiality is what makes the informant valuable. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. . 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. Among the victims were two U.S. residents. The information may prove to relate to exculpatory evidence. "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.' 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 . The Client Review Rating score is determined through the aggregation of validated responses. The government does not have the resources or time to do this. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Share sensitive information only on official, secure websites. We contacted our attorney in the state where we live and he recommended Matt to us. The guidelines can be used to develop or revise written directives for using and managing informants. Understanding motive and motivation. He also tried to get Congress to investigate, but that went nowhere. The CI is searched before and after the deal by the police. Details for individual reviews received before 2009 are not displayed. ZIP 5 Factors Courts Will Consider. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. I am not saying my child didnt have a breakdown. Once the government uses you as a CI, they can be done with you. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. confidential relationship is or should be formed by use of the site. 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. Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. The best way to beat the system and stay out of prison is don't break the law. Call 954-845-0505 any time, day or night, to speak with a member of our team. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. listings on the site are paid attorney advertisements. Saying they have a CI may be a cover for ill-gotten evidence and information. 0000032339 00000 n 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. Guadalupe Juarez/AFP/Getty Images xb```Il@r/ 0! A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. He is the best !! 129 0 obj <> endobj Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. 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." You order drugs from the CI. 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. 1 ANSWER. Throughout, he maintained consistent communication each step of the way until my case was resolved. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Possess a dangerous drug for sale. 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. 0000017958 00000 n According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. 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. The CI will likely be paying with marked money. With every new body, the smell would hit us it was horrible. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. All rights reserved. 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. How Do You Beat a Drug Trafficking Charge in Florida? Answer (1 of 5): The first thing you need to do is know your enemy. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. "He would say, 'We're going to have a barbecue.' A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. For now, he said, jail is better than the fate he faces in Mexico. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Official websites use .gov Yes, in some circumstances the police will pay a person to be a CI. Criminal Defense Attorney in Philadelphia. But he had his reasons for informing on the drug gang. <<59BC4FB09E3701468D15B956FB86861C>]>> The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Yes, a felon can be an informant. The CI may be working several buy busts before the CIs work is finished with the police. Can a felon be a confidential informant? Visit our attorney directory to find a lawyer near you who can help. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Put crudely . If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? He is already one step ahead of the prosecutor and is well familiar with the techniques they will likely employ in an attempt to convict you. There must be some legal guarantee that a CI's info is good. 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. 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 more specific and detailed, the more likely a court is to accept a CI's information. abstract. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". Visit https://www.gustitislaw.com for more information about inform. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. "Are you kidding me? Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). The true identity of a confidential informant should be strictly limited to an identified number of people. You can receive an entirely free case evaluation with absolutely no obligation. LockA locked padlock The content of the responses is entirely from reviewers. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. A person shall not knowingly: 1. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Lalo's information was on the mark. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Eventually, a dozen bodies were unearthed at the site. 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 . There are legal defenses available to you. But in either language, his story is the same. 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. 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. Absolutely. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. 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 recording devices used have become very sophisticated and are virtually undetectable. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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. Schedule a free consultation today. 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. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. 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. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Former agent Bencomo remembers listening to the tape. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. 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. 0000000966 00000 n Lalo has been in solitary confinement for more than five years. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. 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. 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. Highlight information that would indicate their dishonesty or bias. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. This story was produced for broadcast by Marisa Penaloza. There are two opportunities to find out the identity of a confidential informant: before and during trial. Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. 0000017403 00000 n In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. 0000001540 00000 n Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. That's all I'm doing right now.". The reason for this is the police use the CI to gain probable cause for your arrest. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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". Fabricating a confidential informant can lead to dire consequences. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. Yes, a felon can be an informant. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. Here in Mexico, there is no justice, only impunity. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Bencomo says the agents were told that Santillan was the No. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. He says Lalo was the keeper of the keys. There may be cameras in the location that the deal takes place. 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. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Lawyers from our extensive network are ready to answer your question. The feds paid Lalo well: nearly $250,000 over four years. "I had to go to the restroom and throw up. 0000000884 00000 n If you need help defending yourself from these cases, our criminal defense firm can help. Law enforcement will often corroborate a CI's information with consistent observations by officers. However, this does not have to be the case. This may result in longer prison sentences and larger fines associated with a conviction. for the objects of police raids if things go awry. 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, This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. 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).

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