how to beat a confidential informant

How credible is the confidential informant? Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. Marvin Christensen @MarvinChristensen988. NPR went there with veteran Juarez crime reporter Carlos Huerta. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 142 0 obj<>stream trailer He says that the agency's guidelines for using confidential informants are sound. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. 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? Can a felon be a confidential informant? The information may prove to relate to exculpatory evidence. Call 954-845-0505 today. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. . 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. Login. But in either language, his story is the same. What evidence is needed to make a drug bust? Once I reached out to Matt he was back in touch within the hour. Understanding motive and motivation. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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. 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. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. there are basically two types of police investigation, reactive and proactive. Possibly, yes. Throughout, he maintained consistent communication each step of the way until my case was resolved. startxref You can receive an entirely free case evaluation with absolutely no obligation. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 0000000884 00000 n 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. 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 content of the responses is entirely from reviewers. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. The CI may do controlled buys. This means that the CI will have an agreement with the police. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 0000001094 00000 n 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, 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. 913, though most called him by the nickname Lalo. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Contributing to the Delinquency of a Minor. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Possess or use a dangerous drug. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. The CI must provide 100% honest information. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Exculpatory evidence is evidence that could clear the defendant of guilt. 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. To the U.S. government, he was officially informant No. The attorney There may be cameras in the location that the deal takes place. Matthew and his team made calls and were very persistent. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Highlight information that would indicate their dishonesty or bias. His handlers did well, too. You deserve the same chance at having an excellent legal defense. After all, the average CI is a A few other articles found on the internet will give an expanded version of that list. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. Sign up. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. he really cares and goes beyond 100% to help his clients. 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. 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. and Raul Loya For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. 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. There are two opportunities to find out the identity of a confidential informant: before and during trial. The agency began deportation proceedings with the intention of sending him back to Mexico. But during our interview, ICE said that handbook still isn't finished. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 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. 3. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. 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. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The reason for this is the police use the CI to gain probable cause for your arrest. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. An exchange for leniency in the charges against the informant generally occurs in these situations. If you agree to work with the FBI, you will be . Lawyers from our extensive network are ready to answer your question. The best way to beat the system and stay out of prison is don't break the law. On the tape, Lalo looks more like a victim than a drug thug. His sincerity, empathy and commitment to advocating on my behalf were apparent. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 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. 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. Is a Confidential Informant Truthful? 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). Active listening for police - a skill for conflict avoidance. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. The CI may be required to testify in a trial of the person they are snitching on. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. AV Preeminent: The highest peer rating standard. To the U.S. government, he was officially informant No. What Are the Different Types of Injunctions in Florida? Copyright 2023 MH Sub I, LLC dba Internet Brands. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Courtesy Texas DMV, U.S. D.O.J. Terms of Service apply. You may feel you are being watched. Guadalupe Juarez/AFP/Getty Images Identities should be stored in a system with the highest level of security and with Role Based Access Control. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. His performance in court was outstanding and gave me a big victory. 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. 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. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. 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. Visit our attorney directory to find a lawyer near you who can help. "Right now, I'm just trying to say, 'Don't put me in the hands of the people who are going to try and kill me.' TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, 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. It all depends on the facts of your case. If youre wondering how to beat a confidential informant at trial, you probably have serious charges against you, and the evidence from a CI is most likely damning. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. about FindLaws newsletters, including our terms of use and privacy policy. These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . My reservations were quickly eased during my initial consultation. What Is the Difference between Kidnapping and False Imprisonment. But he had his reasons for informing on the drug gang. The monograph is organized around the confidential informant's employment . 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. Our consultant Dr John Buckley will be. Visit https://www.gustitislaw.com for more information about inform. 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." The most common way to become an FBI informant is to be approached by the FBI. For a free legal consultation, call 215.515.3360. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. 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. %%EOF Lalo wasn't looking to make a deal. code or county). Meeting with a lawyer can help you understand your options and how to best protect your rights. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Secondly, know all the versions of the s. Yes, in some circumstances the police will pay a person to be a CI. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. He's clean-cut and clearly educated. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. Courtesy Texas DMV, U.S. D.O.J. Even with the promise of payment, the decision to become a CI is very dangerous. 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. Do not allow any of these things to happen to you. Put crudely . Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. A simple he-said-she-said backed up with no observations won't be worth much in court. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. 0000032775 00000 n The CI meets you at a certain place and unknown to you, the police are watching the whole deal. It is important for law enforcement to protect the credibility of the informant as much as possible. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. You will not be able to notice the marks. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. Confidentiality is what makes the informant valuable. Thus, a court needs some basis for a CI's allegations. It is essential to understand what the charge of drug trafficking means in the state of Florida, as well as the specifics of the legislation. "There were these code words that the bosses would say to Lalo," Huerta says. 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 (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Guadalupe Juarez/AFP/Getty Images Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. Yes, a felon can be an informant. Fortunately we have done it for you. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Learn more The CI knows he/she is working as a snitch, but you do not. The CI is assigned a CI number and agrees to provide information about your case to the police. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Courtesy Texas DMV, U.S. D.O.J. And Lalo was with them. And the devices are constantly evolving and improving. He explained to my husband and I what my son was facing. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Official websites use .gov Confidentiality is what makes the informant valuable. You order drugs from the CI. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Anyone considering being a CI should first talk to a criminal defense attorney. Some people have heard of the witness protection program in movies or TV shows. "What is wrong with this picture?". "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. All rights reserved. Mr. Shafran has years of experience defending the rights of clients in a court of law and has secured a successful outcome for many individuals. See are article relating to Missouri's witness protection program and the lack of uptake. "I don't know if they are going to keep me here for the rest of my life," he said. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Some informants have personalities that make them difficult to manage. It hit me like cold water in the face; it just feels terrible. The CI may be working several buy busts before the CIs work is finished with the police. 2. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 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. 0000000966 00000 n 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. 5. An attorney may help you weigh your options. Contact us. In fact, it is possible for a defense team to call a confidential informant as a witness during the court case, and oftentimes that person is able to provide valuable information that sheds light on the tactics of the prosecution. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. The extant literature on the topic is primarily comprised of experientially based practical guides to informant management and a handful of field studies drawing information from informants in the study of other undercover practices. There may be other reasons why the identity of the CI will be revealed. 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. Every day that passes is another day that the prosecutors office is working to secure your guilt. I would recommend Justin without reservation to anyone seeking representation. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. However, you need a tireless defense team fighting on your behalf. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. 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". reCAPTCHA and the Google Privacy Policy and 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. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. "He would say, 'We're going to have a barbecue.' 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 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. I had to go to the restroom and throw up. Among the victims were two U.S. residents. If you need help defending yourself from these cases, our criminal defense firm can help. "I had to go to the restroom and throw up. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? The problem is that there is no one to police the police. The required areas are criminal justice, law enforcement, police science, etc. The feds paid Lalo well: nearly $250,000 over four years. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. Copyright 2022, Thomson Reuters.

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