how to beat a confidential informant

Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. But that is the sobering truth of being a CI. 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. In the end the police are working for the government and you are left holding the bag. 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. "I don't know if they are going to keep me here for the rest of my life," he said. 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. Why did the chicken cross the road ? My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The Use of 'Confidential Informants' Can Lead to Unnecessary and 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. Typically the police are in plain clothes in an undercover vehicle.. All of this is a disguise so that you cannot know the police are watching. 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. Courtesy Texas DMV, U.S. D.O.J. He is the best !! Distinguished: An excellent rating for a lawyer with some experience. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices Timeline: An ICE Informant Run Amok Or Mishandled? ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. The required areas are criminal justice, law enforcement, police science, etc. LockA locked padlock 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. Learn more 913, though most called him by the nickname Lalo. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Beat a Confidential Information in Philadelphia | Cases with CI of this site is subject to additional Human motives and motivation is a complex subject with many competing theories. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. "We have threats against the lives of DEA agents, we have dead bodies, and you don't want to let us talk to this guy?" [It is only available to law enforcement.]. His performance in court was outstanding and gave me a big victory. 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. And Lalo was with them. Yes, in some circumstances the police will pay a person to be a CI. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. "We stayed there all night and watched as they pulled out bodies," Magana says. A .gov website belongs to an official government organization in the United States. 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. Eventually, a dozen bodies were unearthed at the site. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Our consultant Dr John Buckley will be. abstract. Law enforcement will often corroborate a CI's information with consistent observations by officers. The information may prove to relate to exculpatory evidence. CONFIDENTIAL INFORMANT | Office of Justice Programs A common myth that is absolutely not true is that confidential informants do not testify in trials. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". However, very few CIs have a clean criminal record, and many of them are "flipped" by law enforcement to avoid harsher punishment for their own crimes. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet If youre worried about how to beat a confidential informant, let the, represent you. Understanding an informants motives for providing information is fundamental to managing them effectively. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. And the CI must answer the question truthfully or else possibly face sanctions in court. Yes, a felon can be an informant. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. Are Confidential Informants Credible? Both federal and state law enforcement officers use confidential informants. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. This decision can affect you and others for the rest of your life. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. 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. You may feel you are being watched. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. PDF Confidential Informants: Protecting Their Identity about FindLaws newsletters, including our terms of use and privacy policy. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. So where are we going to find any help if we can't trust the U.S.? Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. The CI may do controlled buys. This means that the CI will have an agreement with the police. We contacted our attorney in the state where we live and he recommended Matt to us. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 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. Your access of/to and use Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Criminal Defense Attorney in Philadelphia. Saying they have a CI may be a cover for ill-gotten evidence and information. But it wasn't just the people of Juarez who were outraged. 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. 0000000576 00000 n startxref This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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. In my mind, he was given a license to kill. We came back night after night to see how many they dug up.". Believe it or not it is legal for law enforcement to pay a government snitch! 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. It has been dubbed the House of Death. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. ICE says it learned some lessons dealing with Lalo. Matthew and his team made calls and were very persistent. Protecting confidential informant identities -breaches risk lives But Bencomo stayed on, and so did Lalo. All rights reserved.|Disclaimer|Privacy policy. Visit https://www.gustitislaw.com for more information about inform. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. Eventually, a dozen bodies were unearthed at the site. he really cares and goes beyond 100% to help his clients. Lawyers from our extensive network are ready to answer your question. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. But she did. 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 . Police and prosecutors generally want to keep the identity of their CI a secret. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. However, an informant whos been burnt obviously wont be trusted in their typical circles. 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. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. No one. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. You order drugs from the CI. Thus, a court needs some basis for a CI's allegations. It hit me like cold water in the face; it just feels terrible. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. 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. How To Find Out If Someone Is A Police Informant Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. 913, though most called him by the nickname Lalo. 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. Kansas bill would give context about jailhouse informants | The Kansas The killings in Juarez took place more than six years ago. 913, though most called him by the nickname Lalo. A simple he-said-she-said backed up with no observations won't be worth much in court. In general, the Government goes to great lengths to not reveal the identity of snitches. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 0000032339 00000 n Informants who fully cooperated and provided truthful information to law enforcement can cause significant damage to their co-conspirators but in order for them to do this we need to know what will motivate them to do so. 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). A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 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. 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. 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 more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. %%EOF 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. How to Become a Confidential Informant | Mental Itch If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Penalties for Drug Possession Charges as a Minor. Learning the Identity of a Confidential Informant - Nolo 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. The memo stated that those rules would be part of a new policy handbook. Drug Use and The Use of a Confidential Informant | Ketcham Law 3. In this hour of need and when this medical pro Mat was such a relief to our family! The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. Should You Work as a Police Confidential Informant? Defense - YouTube I would recommend Justin without reservation to anyone seeking representation. 5. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? There are two opportunities to find out the identity of a confidential informant: before and during trial. So how can a court find a CI's testimony to be credible? 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. 2. A person shall not knowingly: 1. for the objects of police raids if things go awry. Active listening for police - a skill for conflict avoidance. Do not allow any of these things to happen to you. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. ICE says the fault lies with former agent Bencomo, Lalo's handler. He's clean-cut and clearly educated. For a quick fix solution Wikipedia provides a list of potential motivations. 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. The CI must provide 100% honest information. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. It is possible to beat drug trafficking charges. and Raul Loya Confidential informants people who pose. The purpose of the ruling is to establish an informant . 0000001889 00000 n And the devices are constantly evolving and improving. Stay up-to-date with how the law affects your life. listings on the site are paid attorney advertisements. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "I believe in some kind of justice, and I think I was doing something good," he said. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. The problem is that there is no one to police the police. He explained to my husband and I what my son was facing. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "I had to go to the restroom and throw up. 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. There must be some legal guarantee that a CI's info is good. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Call 954-845-0505 today. 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. 0000001273 00000 n You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. 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. advice, does not constitute a lawyer referral service, and no attorney-client or 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. This is something that can be used to impeach him when he testifies. The majority of informants are those working off . . 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. Copyright 2023 Weinstein Legal. 6. Choosing the right attorney can be the most important step youll ever take. Informants nationwide end up beaten, tortured and dead once they're found out. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. "So where are we going to find any help if we can't trust the U.S.?". From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. 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). "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". No, the identity of informants are not public record. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. 0 Confidential informants arent the same as anonymous sources or tipsters. 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. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. Read More >>. There may be cameras in the location that the deal takes place. 0000001540 00000 n Becoming an Informant | Office of Justice Programs The guidelines can be used to develop or revise written directives for using and managing informants. 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. CONFIDENTIAL INFORMANTS - Official FBIretired Website These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. To the U.S. government, he was officially informant No. 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.

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