A lawyer may be able to communicate with the agent to notify the agent you no longer wish to work as a snitch, or at least get an idea of how many more times the agent expects you to work. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. for the objects of police raids if things go awry. He explained to my husband and I what my son was facing. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. I would recommend Justin without reservation to anyone seeking representation. 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". The CI is searched before and after the deal by the police. But in either language, his story is the same. The guidelines can be used to develop or revise written directives for using and managing informants. Distinguished: An excellent rating for a lawyer with some experience. Contact Susan Williams today for a free consultation. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. All rights reserved. Demonstrate any past instances of false or invalidated evidence or information they have provided. If the judge grants the motion to compel disclosure, the prosecution has some tough choices to make: If they dont want to burn their CI or if they dont have one, they wont disclose the identity, and the case will be dismissed. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Terms of Service apply. "So where are we going to find any help if we can't trust the U.S.?". It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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. Learn more In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. 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. This field is for validation purposes and should be left unchanged. . ICE says it learned some lessons dealing with Lalo. And the CI must answer the question truthfully or else possibly face sanctions in court. We came back night after night to see how many they dug up.". Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . People who are arrested because you are a CI can put your life and the life of your loved ones in danger. We called after our son was arrested for a crime he committed nearly 9 months earlier. This decision can affect you and others for the rest of your life. A .gov website belongs to an official government organization in the United States. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. Law enforcement will often corroborate a CI's information with consistent observations by officers. 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 attorney But in Lalo's case, he says, rogue agents didn't properly follow them. To the U.S. government, he was officially informant No. Possess or use a dangerous drug. His performance in court was outstanding and gave me a big victory. 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. 2. There are several ways to become an FBI informant. The pros and cons of being a confidential informant. What Is the Difference between Kidnapping and False Imprisonment. 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 may be cameras in the location that the deal takes place. Police and prosecutors generally want to keep the identity of their CI a secret. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. So where are we going to find any help if we can't trust the U.S.? We found ourselves against all odds. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Bencomo was the only one fired as a result of the Lalo fiasco. 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. "It just made me sick," he says. The CI will likely be paying with marked money. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. There is no obligation from the Government to protect you the rest of your life because you served as a CI. A few other articles found on the internet will give an expanded version of that list. It is not like the old school movies where you can see a wire taped under someones shirt. All rights reserved.|Disclaimer|Privacy policy. 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. 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. Law enforcement may keep threatening jail or charges unless you work one more deal for them. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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 . There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. If CIs were public record, it would put their lives in danger and the lives of their loved ones. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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 government does not have the resources or time to do this. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Police techniques for recruiting and running informants revealed Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. advice, does not constitute a lawyer referral service, and no attorney-client or Secure .gov websites use HTTPS Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. and Raul Loya Confidential informants people who pose. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. But as that investigation started, ICE's prized snitch came under suspicion. Criminal defense attorneys have a host of tools to do this. Being a CI is a very dangerous, risky endeavor. The information may prove to relate to exculpatory evidence. Confidential informants are part of the sketchy dark underworld of undercover police and government agencies. It is important for law enforcement to protect the credibility of the informant as much as possible. 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. . 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. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Schedule a free consultation today. How Do You Beat a Drug Trafficking Charge in Florida? Jeralyn Elise Merritt (Unclaimed Profile). Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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 prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. The majority of informants are those working off their own cases. 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. LockA locked padlock ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 1 ANSWER. 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. 0000017403 00000 n
Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Anyone considering being a CI should first talk to a criminal defense attorney. Police and prosecutors generally want to keep the identity of their CI a secret. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. The CI is assigned a CI number and agrees to provide information about your case to the police. 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. 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. It just made me sick. The CI may be working several buy busts before the CIs work is finished with the police. If youre worried about how to beat a confidential informant, let the, represent you. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Some informants have personalities that make them difficult to manage. The CI may be wearing a wire or recording device. In any case, the outcome will most likely benefit you as the defendant. How Can Mitigation Help Get Me The Lowest Possible Sentence? Read More >>. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . 913, though most called him by the nickname Lalo. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Supplemental Terms. Below is the best information and knowledge about how to beat a confidential informant compiled and compiled by the KTHN team, along with other related topics such as: signs of a confidential informant, what are the rules for a confidential informant, how to become a confidential informant, is it illegal to expose a confidential informant, Here in Mexico, there is no justice, only impunity. 5. 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. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Understanding an informants motives for providing information is fundamental to managing them effectively. abstract. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. This important decision can affect you the rest of your life and possibly even your loved ones or friends. What evidence is needed to make a drug bust? It all depends on the facts of your case. hide caption. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. he says. "I was shocked. 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. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 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. Can a felon be a confidential informant? 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. CONFIDENTIAL INFORMANT | Office of Justice Programs 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. The Client Review Rating score is determined through the aggregation of validated responses. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices His sincerity, empathy and commitment to advocating on my behalf were apparent. Yes, a felon can be an informant. 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. Do not allow any of these things to happen to you. The Drug Enforcement Administration blacklisted him. The crux revolves around the confidential part of the confidential informant. 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. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. PDF Confidential Informants: Protecting Their Identity Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. But during our interview, ICE said that handbook still isn't finished. The guidelines can be used to develop or revise written directives for using and managing informants. The monograph is organized around the confidential informant's employment . Lalo has been in solitary confinement for more than five years. 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. Thank you Mathew!! Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. There should be an audit trail detail who has seen the true identity and when they saw it. 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. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. Once I reached out to Matt he was back in touch within the hour. If you need help defending yourself from these cases, our criminal defense firm can help. In this hour of need and when this medical pro Mat was such a relief to our family! A Bureau of Justice Assistance Monograph. code or county). Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Confidentiality is what makes the informant valuable. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. 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.