Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices 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. He also tried to get Congress to investigate, but that went nowhere. 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. 129 14 The majority of informants are those working off their own cases. CONFIDENTIAL INFORMANT | Office of Justice Programs Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. "I was shocked. 0000000966 00000 n Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. The state will do its best to not reveal the identity of the CI. "It hit me like cold water in the face; it just feels terrible. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. As with most things in the legal world, knowing how to beat a CI depends on your case. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The Use of 'Confidential Informants' Can Lead to Unnecessary and There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. A responsive, knowledgeable and skilled attorney. To the U.S. government, he was officially informant No. You may feel trapped by serving as a Government informant. Active listening for police - a skill for conflict avoidance. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Raul Bencomo, then an agent with U.S. Customs, assigned code No. Confidential Informants - Law Office of Perry A. Craft PLLC The true identity of a confidential informant should be strictly limited to an identified number of people. Possess or use a dangerous drug. 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. A still from a video in which Lalo talks about his case. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. The memo stated that those rules would be part of a new policy handbook. Some people have heard of the witness protection program in movies or TV shows. The recording devices used have become very sophisticated and are virtually undetectable. Courtesy Texas DMV, U.S. D.O.J. The CI may be charged with a serious drug (or other) criminal offense. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Eventually, a dozen bodies were unearthed at the site. All rights reserved.|Disclaimer|Privacy policy. This important decision can affect you the rest of your life and possibly even your loved ones or friends. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. ICE says the fault lies with former agent Bencomo, Lalo's handler. Confidentiality is what makes the informant valuable. That's all I'm doing right now.". Law enforcement may keep threatening jail or charges unless you work one more deal for them. Confidentiality is what makes the informant valuable. He says that the agency's guidelines for using confidential informants are sound. 129 0 obj <> endobj 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. The police have the upper hand on CIs. 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. However, the above measures are extra insurance for the police, they are not required. This website is for general informational purposes only. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Visit https://www.gustitislaw.com for more information about inform. Distinguished: An excellent rating for a lawyer with some experience. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. The CI will contact you or maybe you contact the CI. 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. Are Confidential Informants Credible? 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. Guadalupe Juarez/AFP/Getty Images 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. Schedule a free consultation today. He says Lalo was the keeper of the keys. Guadalupe Juarez/AFP/Getty Images The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 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, A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. All rights reserved. But during our interview, ICE said that handbook still isn't finished. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 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. Marvin Christensen @MarvinChristensen988. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. To the U.S. government, he was officially informant No. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 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. Police and prosecutors generally want to keep the identity of their CI a secret. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. %%EOF The CI knows he/she is working as a snitch, but you do not. I took the recording and I told my supervisor that I didn't wish to be part of the case. 5. Choosing the right attorney can be the most important step youll ever take. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Once the case was done, ICE was also done with Lalo. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. 2. listings on the site are paid attorney advertisements. How to discredit a confidential informant during a criminal trial - Quora Can a felon be a confidential informant? What evidence is needed to Becoming an Informant | Office of Justice Programs If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. "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?" and Raul Loya. If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. 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. He also helped crack a major international cigarette smuggling ring. The required areas are criminal justice, law enforcement, police science, etc. 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. "I believe in some kind of justice, and I think I was doing something good," he said. "What is wrong with this picture?". The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. 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. In this hour of need and when this medical pro Mat was such a relief to our family! A person shall not knowingly: 1. An attorney may help you weigh your options. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Stay up-to-date with how the law affects your life. The information provided on this site is not legal There are several ways to become an FBI informant. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. The content of the responses is entirely from reviewers. Read More >>. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. 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. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. 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. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 3. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. . 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. 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. But she did. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. In general, the Government goes to great lengths to not reveal the identity of snitches. Call 954-845-0505 today. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Confidential Informant Testifies as Government Witness. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Even with the promise of payment, the decision to become a CI is very dangerous. 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. "And you have to act like a criminal.". Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. An official website of the United States government, Department of Justice. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. Skip to content. How Much Jail Time for Felony Grand Theft? It's also the least painful and expensive. Drug Use and The Use of a Confidential Informant | Ketcham Law A simple he-said-she-said backed up with no observations won't be worth much in court. Bencomo was the only one fired as a result of the Lalo fiasco. Those are . 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. he really cares and goes beyond 100% to help his clients. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. How to Become a Confidential Informant | Mental Itch 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. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. <<59BC4FB09E3701468D15B956FB86861C>]>> The Client Review Rating score is determined through the aggregation of validated responses. 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. 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. "It just made me sick," he says. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. Yes, a felon can be an informant. Yes, in some circumstances the police will pay a person to be a CI. 5 Factors Courts Will Consider. and Raul Loya Copyright 2023 Weinstein Legal. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Courtesy Texas DMV, U.S. D.O.J. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. To the U.S. government, he was officially informant No. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Jordan says on top of all that, ICE knew who was doing the killing and where the bodies were buried, but didn't share any of that information with Mexican authorities. Bencomo says Lalo was different from other informants. It is not like the old school movies where you can see a wire taped under someones shirt. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. 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. What are the different Martindale-Hubbell Peer Review Ratings?*. Bencomo says the agents were told that Santillan was the No. The CI may do controlled buys. This means that the CI will have an agreement with the police. I had to go to the restroom and throw up. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. 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 best way to beat the system and stay out of prison is don't break the law. 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. 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). 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. Jeralyn Elise Merritt (Unclaimed Profile). If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Law enforcement will often corroborate a CI's information with consistent observations by officers. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. We will review the facts surrounding your unique case and provide you with honest answers. CONFIDENTIAL INFORMANTS - Official FBIretired Website And gaining a better understanding of what motivates people takes time. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. Beat a Confidential Information in Philadelphia | Cases with CI How to Beat a Drug Trafficking Charge in Florida See are article relating to Missouri's witness protection program and the lack of uptake. Lalo has been in solitary confinement for more than five years. But those familiar with the case wonder how ICE could not have known about Lalo's exploits in Mexico the majority of which took place at a house in a middle-class neighborhood in Juarez. This may result in longer prison sentences and larger fines associated with a conviction. 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. 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. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 0000018883 00000 n By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. To be convicted of drug trafficking charges, the prosecution must prove beyond a reasonable doubt that you were the individual in control of the drugs and that you knew they were there. This video explains the risks and benefits of working as a police confidential informant. For a free legal consultation, call 215.515.3360. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. "So where are we going to find any help if we can't trust the U.S.?". 0000001712 00000 n Our son was distraught and frightened and Matt was very reassuring and supportive. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. The use of informants by police is essentially unregulated by the courts. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. "I had to go to the restroom and throw up. Among the victims were two U.S. residents. "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.' Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. Both federal and state law enforcement officers use confidential informants. There are legal defenses available to you. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. How experts say to reform the confidential informant - KSAT 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. Secondly, know all the versions of the s. The team at Weinstein Legal will evaluate your case and can best advise you on the strategy we will use in regard to how to beat a drug trafficking charge, therefore preserving your freedoms and constitutional rights. 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 . Call 954-845-0505 any time, day or night, to speak with a member of our team. trailer 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. You may feel you are being watched. It hit me like cold water in the face; it just feels terrible. North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal 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. ) or https:// means youve safely connected to the .gov website. I am not saying my child didnt have a breakdown. In my mind, he was given a license to kill. 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. Understanding motive and motivation. What Is the Difference between Kidnapping and False Imprisonment. How credible is the confidential informant? 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. Anyone considering being a CI should first talk to a criminal defense attorney. 0000001273 00000 n The government could decide to charge someone who does that with obstruction of justice, among other things.

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