how to beat a confidential informant

A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. The Client Review Rating score is determined through the aggregation of validated responses. The true identity of a confidential informant should be strictly limited to an identified number of people. 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. 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. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. The government could decide to charge someone who does that with obstruction of justice, among other things. And the devices are constantly evolving and improving. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. Yes, a felon can be an informant. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. The government does not have the resources or time to do this. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. But as that investigation started, ICE's prized snitch came under suspicion. 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. Being a CI is a very dangerous, risky endeavor. All these only go to reinforce stereotypes. 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. The feds paid Lalo well: nearly $250,000 over four years. And Lalo was with them. "I was shocked. There may be other reasons why the identity of the CI will be revealed. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. . Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The majority of informants are those working off their own cases. ) or https:// means youve safely connected to the .gov website. Can a REDDI Report Be the Legal Basis for a Traffic Stop? 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 . It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. Put crudely . Terms of Service apply. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. he says. Share sensitive information only on official, secure websites. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. To the U.S. government, he was officially informant No. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. The pros and cons of being a confidential informant. Is a Confidential Informant Truthful? And he didn't need the money he was already making plenty in Juarez's drug trade. The police can use information gained from the CI about you that the Government can use when prosecuting your case. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. 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. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. 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. Visit https://www.gustitislaw.com for more information about inform. Eventually, a dozen bodies were unearthed at the site. It depends. Skip to content. In my mind, he was given a license to kill. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Answer (1 of 5): The first thing you need to do is know your enemy. 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. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Matthew and his team made calls and were very persistent. 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. The guidelines can be used to develop or revise written directives for using and managing informants. "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.". Fabricating a confidential informant can lead to dire consequences. 0000000576 00000 n Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. I had to go to the restroom and throw up. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 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. This website is for general informational purposes only. The high court held that reliance on informant testimony implicates . [It is only available to law enforcement.]. NPR went there with veteran Juarez crime reporter Carlos Huerta. advice, does not constitute a lawyer referral service, and no attorney-client or Mathew did an amazing job in court. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. His handlers did well, too. The CI knows he/she is working as a snitch, but you do not. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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). xref A Bureau of Justice Assistance Monograph. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. It is ugly. This is often the case in former business partners who have been scorned, former lovers, and even individuals who used to be friends but had a falling out. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. He also helped crack a major international cigarette smuggling ring. The recording devices used have become very sophisticated and are virtually undetectable. 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. A lawyer may be able to get at least an end in sight and put a final date or final buy of this nightmare you signed up for. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. It often comes to light that things may not be as they seem and this can greatly help your defense. After all, the average CI is a How Do You Beat a Drug Trafficking Charge in Florida? Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 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". Demonstrate any past instances of false or invalidated evidence or information they have provided. 3. 5. 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. confidential relationship is or should be formed by use of the site. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. The content of the responses is entirely from reviewers. 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. Copyright 2023 Weinstein Legal. But during our interview, ICE said that handbook still isn't finished. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. This is the first time that Bencomo has talked publicly. 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. Informants nationwide end up beaten, tortured and dead once they're found out. Your access of/to and use and Raul Loya Confidential informants people who pose. It hit me like cold water in the face; it just feels terrible. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor 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 you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. I couldn't believe it," says the DEA's Sandalio Gonzalez. Copyright 2023 MH Sub I, LLC dba Internet Brands. The killings in Juarez took place more than six years ago. 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. 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. This is a common issue people face when working as CIs. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. Possibly, yes. "That was the first incident that I ever came across that he was working both sides," Bencomo says. "It hit me like cold water in the face; it just feels terrible. Possess or use a dangerous drug. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. ZIP You must have an associate's degree and a bachelor's degree in the relevant areas. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). 0000001540 00000 n 0000001094 00000 n 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. Supplemental Terms. 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. The CI will contact you or maybe you contact the CI. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. 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. 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. We contacted our attorney in the state where we live and he recommended Matt to us. Do not wait to start working on your defense. 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. Copyright 2022, Thomson Reuters. 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. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. xb```Il@r/ 0! Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. It just made me sick. 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 field is for validation purposes and should be left unchanged. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. Contributing to the Delinquency of a Minor. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. You may not see or notice the police. Read More >>. And the CI must answer the question truthfully or else possibly face sanctions in court. and Raul Loya. Our consultant Dr John Buckley will be. Schedule a free consultation today. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. 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. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. All rights reserved. He explained to my husband and I what my son was facing. Eventually, a dozen bodies were unearthed at the site. 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. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. The CI may do controlled buys. This means that the CI will have an agreement with the police. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. He is the best !! (The capacity for telling lies is called "mendacity," in case you were wondering.) Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. "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. 2. code or county). 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 Drug Enforcement Administration blacklisted him. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. %%EOF "What is wrong with this picture?". Visit our attorney directory to find a lawyer near you who can help. Lalo said his actions were necessary to maintain his cover. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. As with most things in the legal world, knowing how to beat a CI depends on your case. 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. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. But that is the sobering truth of being a CI. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. The most common way to become an FBI informant is to be approached by the FBI. 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 site is protected by of this site is subject to additional Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. If you need help defending yourself from these cases, our criminal defense firm can help. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. It has been dubbed the House of Death. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Contact Susan Williams today for a free consultation. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 0000001889 00000 n hide caption. Why did the chicken cross the road ? Sign up. "It was so horrible. 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 . He also tried to get Congress to investigate, but that went nowhere. about FindLaws newsletters, including our terms of use and privacy policy. A person shall not knowingly: 1. 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. Both federal and state law enforcement officers use confidential informants. Confidentiality is what makes the informant valuable. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. 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. This may result in longer prison sentences and larger fines associated with a conviction. The required areas are criminal justice, law enforcement, police science, etc. There are two opportunities to find out the identity of a confidential informant: before and during trial. Marvin Christensen @MarvinChristensen988. But this is nearly non-existent in state cases and rare, at best, in federal cases. The best way to beat the system and stay out of prison is don't break the law. A simple he-said-she-said backed up with no observations won't be worth much in court. Courtesy Texas DMV, U.S. D.O.J. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. The purpose of the ruling is to establish an informant . 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. Lalo wasn't looking to make a deal. 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. "We stayed there all night and watched as they pulled out bodies," Magana says. 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." How credible is the confidential informant? 0000017403 00000 n He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. You may feel trapped by serving as a Government informant. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. On the other hand, police and prosecutors' concern for confidential informants is not misplaced. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. For a quick fix solution Wikipedia provides a list of potential motivations. "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. Once the case was done, ICE was also done with Lalo. 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. 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. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. Exculpatory evidence is evidence that could clear the defendant of guilt. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition.

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