how to beat a confidential informant

This story was produced for broadcast by Marisa Penaloza. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. My reservations were quickly eased during my initial consultation. His sincerity, empathy and commitment to advocating on my behalf were apparent. 142 0 obj<>stream Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Courtesy Texas DMV, U.S. D.O.J. 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 Use of 'Confidential Informants' Can Lead to Unnecessary and For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. But she did. 3 man in the Juarez cartel. "Are you kidding me? 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. 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. 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. Here in Mexico, there is no justice, only impunity. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Today, Lalo insists he never killed anyone, though court documents show he admitted being present during several murders; he even acknowledged driving two victims to a Juarez house where he knew they'd be killed. 0000001540 00000 n The identity of the CI can be necessary to a Defendants defense in their criminal case. The agency began deportation proceedings with the intention of sending him back to Mexico. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. 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? There are two opportunities to find out the identity of a confidential informant: before and during trial. It hit me like cold water in the face; it just feels terrible. Informants. 0000018883 00000 n 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. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 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 . Protecting confidential informant identities -breaches risk lives And gaining a better understanding of what motivates people takes time. 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. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. No, the identity of informants are not public record. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Becoming an Informant | Office of Justice Programs a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. I took the recording and I told my supervisor that I didn't wish to be part of the case. And he didn't need the money he was already making plenty in Juarez's drug trade. there are basically two types of police investigation, reactive and proactive. Bencomo says the agents were told that Santillan was the No. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. hide caption. 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, The best way to beat the system and stay out of prison is don't break the law. Absolutely. 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. The use of informants by police is essentially unregulated by the courts. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. A lock ( Confidentiality is what makes the informant valuable. 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Former agent Bencomo remembers listening to the tape. 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". A simple he-said-she-said backed up with no observations won't be worth much in court. How credible is the confidential informant? 913, though most called him by the nickname Lalo. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. 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. Saying they have a CI may be a cover for ill-gotten evidence and information. The CI may be working several buy busts before the CIs work is finished with the police. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. 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 most common way to become an FBI informant is to be approached by the FBI. advice, does not constitute a lawyer referral service, and no attorney-client or Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Do not wait to start working on your defense. A few other articles found on the internet will give an expanded version of that list. Additionally, if a person dies as a result of your drug supply you may face a much longer sentence and possible manslaughter or homicide charges as well. Raul Bencomo, then an agent with U.S. Customs, assigned code No. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Drug smuggling turned out to be the least of Lalo's exploits. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. Share sensitive information only on official, secure websites. The CI must provide 100% honest information. How To Beat A Confidential Informant - Wakelet It is not like the old school movies where you can see a wire taped under someones shirt. 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. It is important for law enforcement to protect the credibility of the informant as much as possible. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. 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. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Courtesy Texas DMV, U.S. D.O.J. Thank you Mathew!! In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. But Bencomo stayed on, and so did Lalo. 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. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law This may result in longer prison sentences and larger fines associated with a conviction. Understanding an informants motives for providing information is fundamental to managing them effectively. 0 Lalo said his actions were necessary to maintain his cover. At Weinstein Legal, we work diligently to uncover all of the facts surrounding your case and believe that this is essential when considering how to beat a drug trafficking charge. 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. 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 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. Possibly, yes. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. All these only go to reinforce stereotypes. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs It often comes to light that things may not be as they seem and this can greatly help your defense. How Much Jail Time for Felony Grand Theft? The Drug Enforcement Administration blacklisted him. 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). Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. "We stayed there all night and watched as they pulled out bodies," Magana says. "I had to go to the restroom and throw up. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered 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). 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. However, you need a tireless defense team fighting on your behalf. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. A person shall not knowingly: 1. Highlight information that would indicate their dishonesty or bias. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. he says. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. 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. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. We found ourselves against all odds. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. Our consultant Dr John Buckley will be. 0000000016 00000 n 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. All rights reserved. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. Understanding motive and motivation. You may feel trapped by serving as a Government informant. There should be an audit trail detail who has seen the true identity and when they saw it. "What is wrong with this picture?". What Is a Confidential Informant? - Randall & Stump, Criminal Defense 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. The more specific and detailed, the more likely a court is to accept a CI's information. The monograph is organized around the confidential informant's employment . The Client Review Rating score is determined through the aggregation of validated responses. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Timeline: An ICE Informant Run Amok Or Mishandled? Copyright 2022, Thomson Reuters. Even with the promise of payment, the decision to become a CI is very dangerous. As with most things in the legal world, knowing how to beat a CI depends on your case. 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. If CIs were public record, it would put their lives in danger and the lives of their loved ones. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. 0000001273 00000 n However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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. Lalo has been in solitary confinement for more than five years. Copyright 2023 Weinstein Legal. Put crudely . "It hit me like cold water in the face; it just feels terrible. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Secure .gov websites use HTTPS The CI knows he/she is working as a snitch, but you do not. Counter-Terrorism and Countering Violent Extremism, Intelligence Management and Intelligence Led Policing, Expert testimony -Confidential Informant Management, The Human Source Management System (confidential informant book), Human Sources - Managing Confidential Informants, FREE: Intelligence Led Policing - Training Literature, FREE Deploying undercover officers or confidential informants into places of worshipNew Page, Free: Dealing with Domestic Violence: A guide for Police Officers, Motives and Motivations of Confidential Informants, Why - Understanding Motive and Motivation. 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. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. The 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. 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. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Answer (1 of 5): The first thing you need to do is know your enemy. 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. The problem is that there is no one to police the police. After all, the average CI is a 913, though most called him by the nickname Lalo. ZIP It has been dubbed the House of Death. A. So how can a court find a CI's testimony to be credible? Human motives and motivation is a complex subject with many competing theories. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. "They are poorly trained, they have limited education, which is fine, but they had no business being involved in a cross-border covert operation involving drugs and murder.". On the tape, Lalo looks more like a victim than a drug thug. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. We came back night after night to see how many they dug up.". How to discredit a confidential informant during a criminal trial - Quora by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. If you receive drug trafficking charges in the state of Florida and the prosecution notes that they had the help of a confidential informant, it is important to know that you may never find out who this person is. Heartland Actor Dies Alberta Watson, Bentonite Clay And Aloe Vera | Hair Mask, Betty Crocker Cake Mix Recall 2021, Articles H