how to beat a confidential informanthow to beat a confidential informant

On the tape, Lalo looks more like a victim than a drug thug. How to Become an FBI Informant | Legal Beagle It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. You will not be able to notice the marks. Even with the promise of payment, the decision to become a CI is very dangerous. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. For a free legal consultation, call 215.515.3360. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. Call 954-845-0505 today. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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). 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. 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. 129 0 obj <> endobj Visit our attorney directory to find a lawyer near you who can help. This site is protected by Choosing the right attorney can be the most important step youll ever take. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. Secure .gov websites use HTTPS If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. Courtesy Texas DMV, U.S. D.O.J. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. startxref Your access of/to and use All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Among the victims were two U.S. residents. Courtesy Texas DMV, U.S. D.O.J. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. 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. <<59BC4FB09E3701468D15B956FB86861C>]>> 0000001889 00000 n code or county). What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. Penalties for Drug Possession Charges as a Minor. 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. But that is the sobering truth of being a CI. I am not saying my child didnt have a breakdown. 5. This is very wrong and a misconception. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Our consultant Dr John Buckley will be. Being a CI is a very dangerous, risky endeavor. Is a Confidential Informant Truthful? This story was produced for broadcast by Marisa Penaloza. Can a felon be a confidential informant? advice, does not constitute a lawyer referral service, and no attorney-client or ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. Police and prosecutors generally want to keep the identity of their CI a secret. The CI may be working several buy busts before the CIs work is finished with the police. You may feel trapped by serving as a Government informant. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. How experts say to reform the confidential informant - KSAT You cant enforce these agreements or conversations. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. 0000001094 00000 n 0000000576 00000 n 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. Skip to content. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law Possess a dangerous drug for sale. It is ugly. 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. See are article relating to Missouri's witness protection program and the lack of uptake. He also helped crack a major international cigarette smuggling ring. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 28 How To Beat A Confidential Informant 02/2023 - KTHN The Use of 'Confidential Informants' Can Lead to Unnecessary and 0000018883 00000 n While we continue to believe that the motives of a confidential informant can be summarized in one or two words, for example, fear, money or a reduced sentence, our interactions with them will always remain superficial and be fraught with risk. Guadalupe Juarez/AFP/Getty Images Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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 . The more specific and detailed, the more likely a court is to accept a CI's information. I couldn't believe it," says the DEA's Sandalio Gonzalez. A confidential informant (CI) is an individual who gives information about on-going criminal activity to 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). Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. The CI is searched before and after the deal by the police. Lalo wasn't looking to make a deal. Thus, a court needs some basis for a CI's allegations. ZIP Martindale-Hubbell validates that a reviewer is a person with a valid email address. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. "We stayed there all night and watched as they pulled out bodies," Magana says. Mathew did an amazing job in court. there are basically two types of police investigation, reactive and proactive. And gaining a better understanding of what motivates people takes time. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. "I really was doing something good," he said. Bencomo says Lalo was different from other informants. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. "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. 5 Factors Courts Will Consider. 0 Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. "I don't know if they are going to keep me here for the rest of my life," he said. xref 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. "I believe in some kind of justice, and I think I was doing something good," he said. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Exculpatory evidence is evidence that could clear the defendant of guilt. Can a felon be a confidential informant? What evidence is needed to 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 problem is that there is no one to police the police. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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. As with most things in the legal world, knowing how to beat a CI depends on your case. "It hit me like cold water in the face; it just feels terrible. Contact us. 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. 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. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Sign up. Defending Against Informants in Drug Sales Cases | Ray Kimble for the objects of police raids if things go awry. Bencomo says the agents were told that Santillan was the No. 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. 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Law enforcement monitors the controlled buy through audio and/or video surveillance, which is usually recorded. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Gonzalez lodged a complaint against ICE. Those are . Informants nationwide end up beaten, tortured and dead once they're found out. It is possible to beat drug trafficking charges. PDF Confidential Informants: Protecting Their Identity he says. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. It often comes to light that things may not be as they seem and this can greatly help your defense. My reservations were quickly eased during my initial consultation. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. reCAPTCHA and the Google Privacy Policy and 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. You must have an associate's degree and a bachelor's degree in the relevant areas. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. He also tried to get Congress to investigate, but that went nowhere. He says Lalo was the keeper of the keys. 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. With every new body, the smell would hit us it was horrible. %PDF-1.3 % The CI is assigned a CI number and agrees to provide information about your case to the police. about FindLaws newsletters, including our terms of use and privacy policy. It all depends on the facts of your case. 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. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. In any case, the outcome will most likely benefit you as the defendant. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. His sincerity, empathy and commitment to advocating on my behalf were apparent. . 0000001540 00000 n He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. 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. What evidence is needed to make a drug bust? Official websites use .gov 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. Informants. Courtesy Texas DMV, U.S. D.O.J. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Lalo has been in solitary confinement for more than five years. For the best chance at beating a drug charge, you need an experienced drug crime attorney in Florida fighting hard on your behalf to prove your innocence to the courts and secure your freedom. All these only go to reinforce stereotypes. Highlight information that would indicate their dishonesty or bias. 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. How to discredit a confidential informant during a criminal trial - Quora Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. The CI may do controlled buys. This means that the CI will have an agreement with the police. The Case Of A Confidential Informant Gone Wrong : NPR A Bureau of Justice Assistance Monograph. Should You Work as a Police Confidential Informant? Defense - YouTube We will review the facts surrounding your unique case and provide you with honest answers. The CI must provide 100% honest information. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. This decision can affect you and others for the rest of your life. 3 man in the Juarez cartel. The amount of a drug for which trafficking charges are applicable varies depending on the substance. In this hour of need and when this medical pro Mat was such a relief to our family! As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 0000032339 00000 n If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. Anyone considering being a CI should first talk to a criminal defense attorney. Learning the Identity of a Confidential Informant - Nolo These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . And the CI must answer the question truthfully or else possibly face sanctions in court. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Guadalupe Juarez/AFP/Getty Images Copyright 2023 Weinstein Legal. CONFIDENTIAL INFORMANTS - Official FBIretired Website 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? Why did the chicken cross the road ? But during our interview, ICE said that handbook still isn't finished. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. The pros and cons of being a confidential informant. A common myth that is absolutely not true is that confidential informants do not testify in trials. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Some informants have personalities that make them difficult to manage. It is not like the old school movies where you can see a wire taped under someones shirt. The required areas are criminal justice, law enforcement, police science, etc. We contacted our attorney in the state where we live and he recommended Matt to us. Contributing to the Delinquency of a Minor. "Are you kidding me? "It just made me sick," he says. 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). 3. "In my mind, he was given a license to kill.". ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. For a quick fix solution Wikipedia provides a list of potential motivations. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. 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. confidential relationship is or should be formed by use of the site. LockA locked padlock 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. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Experts explain how confidential informants infect the - Inlander This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. Therefore, they wont be able to provide any information. 913, though most called him by the nickname Lalo. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Share sensitive information only on official, secure websites. You impeach them on the stand, which discredits the evidence, information, and testimony they give. There may be other reasons why the identity of the CI will be revealed. The most common way to become an FBI informant is to be approached by the FBI. The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). 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. 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. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. This website is for general informational purposes only. 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. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 0000032775 00000 n The true identity of a confidential informant should be strictly limited to an identified number of people. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. Details for individual reviews received before 2009 are not displayed. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 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. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. 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 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. Learn more hide caption. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. Criminal defense attorneys have a host of tools to do this. 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. And Lalo was with them. Please explain why you are flagging this content: * This will flag comments for moderators to take action.
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