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. Login. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. The CI may be charged with a serious drug (or other) criminal offense. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. How Much Jail Time for Felony Grand Theft? This is a common issue people face when working as CIs. 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. 0000001094 00000 n can you beat a controlled by Case by discrediting the - Avvo It is not like the old school movies where you can see a wire taped under someones shirt. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Kansas bill would give context about jailhouse informants | The Kansas trailer Secondly, know all the versions of the s. Drug Informants: Motives, Methods, and Management If you agree to work with the FBI, you will be . 129 0 obj <> endobj The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. Drug smuggling turned out to be the least of Lalo's exploits. We came back night after night to see how many they dug up.". Criminal defense attorneys have a host of tools to do this. and Raul Loya. Supplemental Terms. Please explain why you are flagging this content: * This will flag comments for moderators to take action. 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. Today, no one goes to the metal gate at the house where cartel murderers brought their victims and ultimately buried them in the tiny backyard. There may be other reasons why the identity of the CI will be revealed. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. 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. I took the recording and I told my supervisor that I didn't wish to be part of the case.". Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. There are several ways to become an FBI informant. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. %PDF-1.3 % Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. "I really was doing something good," he said. 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. The police have the upper hand on CIs. The identity of the CI can be necessary to a Defendants defense in their criminal case. startxref In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. The guidelines can be used to develop or revise written directives for using and managing informants. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Jeralyn Elise Merritt (Unclaimed Profile). The information provided on this site is not legal "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 0000017403 00000 n How To Find Out If Someone Is A Police Informant How to beat a confidential informant - Quora 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. Bencomo was the only one fired as a result of the Lalo fiasco. But in either language, his story is the same. 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. Beating a Confidential Informant Before a Trial Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Do not wait to start working on your defense. The memo stated that those rules would be part of a new policy handbook. Visit our attorney directory to find a lawyer near you who can help. 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. But that is the sobering truth of being a CI. 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 lock ( He explained to my husband and I what my son was facing. 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. 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. advice, does not constitute a lawyer referral service, and no attorney-client or $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. To the U.S. government, he was officially informant No. I am not saying my child didnt have a breakdown. Contact Susan Williams today for a free consultation. ) or https:// means youve safely connected to the .gov website. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Informants. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. in the former, a crime is reported to the police and an investigation is initiated; in the latter . This is the first time that Bencomo has talked publicly. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. 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. What Are the Different Types of Injunctions in Florida? There may be cameras in the location that the deal takes place. 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. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. You may not see or notice the police. 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. 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. It all depends on the facts of your case. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. A. and Raul Loya Confidential informants people who pose. You may feel you are being watched. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. 142 0 obj<>stream If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. and Raul Loya xb```Il@r/ 0! Saying they have a CI may be a cover for ill-gotten evidence and information. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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 can also be risky for the prosecution if they must give the CIs identity to the defense later. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. However, this does not have to be the case. ZIP Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Matthew and his team made calls and were very persistent. Copyright 2023 Weinstein Legal. "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.". Once the government uses you as a CI, they can be done with you. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Thank you Mathew!! 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. The CI is assigned a CI number and agrees to provide information about your case to the police. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. NPR went there with veteran Juarez crime reporter Carlos Huerta. 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. 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. This decision can affect you and others for the rest of your life. 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. 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. "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.' In this hour of need and when this medical pro Mat was such a relief to our family! Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. Marvin Christensen @MarvinChristensen988. Confidentiality is what makes the informant valuable. Beat a Confidential Information in Philadelphia | Cases with CI And the CI must answer the question truthfully or else possibly face sanctions in court. 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. 0000032775 00000 n 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. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. 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. For example, if it can be shown that the confidential informant had the opportunity to obtain drugs and plant them, the evidence obtained in the controlled buy would be useless. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. His sincerity, empathy and commitment to advocating on my behalf were apparent. Can a felon be a confidential informant? 913, though most called him by the nickname Lalo. However, an informant whos been burnt obviously wont be trusted in their typical circles. Police and prosecutors generally want to keep the identity of their CI a secret. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. But Bencomo stayed on, and so did Lalo. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. 913, though most called him by the nickname Lalo. How experts say to reform the confidential informant - KSAT "What is wrong with this picture?". The CI may be wearing a wire or recording device. No one. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. It has been dubbed the House of Death. Absolutely. Confidential informants arent the same as anonymous sources or tipsters. This site is protected by Can a felon be a confidential informant? What evidence is needed to We called after our son was arrested for a crime he committed nearly 9 months earlier. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. Among the victims were two U.S. residents. It's also the least painful and expensive. 6. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Our son was distraught and frightened and Matt was very reassuring and supportive. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. It is up to the police to decide how many deals you do, regardless of whether you have safety concerns or feel that the work you have already done is enough for the Government. Criminal Defense Attorney in Philadelphia. In general, the Government goes to great lengths to not reveal the identity of snitches. In my mind, he was given a license to kill. The agency began deportation proceedings with the intention of sending him back to Mexico. Skip to content. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. The majority of informants are those working off . <<59BC4FB09E3701468D15B956FB86861C>]>> Understanding an informants motives for providing information is fundamental to managing them effectively. So where are we going to find any help if we can't trust the U.S.? Acting under orders of the police, an informant may purchase drugs, place calls, or try to get the suspect to make an incriminating statement so the police can arrest . This is something that can be used to impeach him when he testifies. Being a CI is a very dangerous, risky endeavor. 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. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. Possess or use a dangerous drug. If youre worried about how to beat a confidential informant, let the, represent you. An attorney may help you weigh your options. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Police and prosecutors generally want to keep the identity of their CI a secret. There must be some legal guarantee that a CI's info is good. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. The CI is searched before and after the deal by the police. hide caption. 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. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. You will not be able to notice the marks. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. Law enforcement may keep threatening jail or charges unless you work one more deal for them. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 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. The idea of the police working with someone who is facing criminal charges is a very sketchy concept to some, but a reality in the criminal justice system. 0000001712 00000 n "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?" 0000000016 00000 n He says that the agency's guidelines for using confidential informants are sound. My reservations were quickly eased during my initial consultation. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Lalo said his actions were necessary to maintain his cover. Here in Mexico, there is no justice, only impunity. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Copyright 2023 MH Sub I, LLC dba Internet Brands. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Even with the promise of payment, the decision to become a CI is very dangerous. The guidelines can be used to develop or revise written directives for using and managing informants. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. 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? The use of informants by police is essentially unregulated by the courts. Confidential Informants > JAG Reporter > Article View Post A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices Can a REDDI Report Be the Legal Basis for a Traffic Stop? Confidential informants people who pose as criminals so they can provide information to the police or some government agency have helped crack some major U.S. cases. 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. The majority of informants are those working off their own cases. [It is only available to law enforcement.]. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. 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. The feds paid Lalo well: nearly $250,000 over four years. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. There should be an audit trail detail who has seen the true identity and when they saw it. Saying they have a CI may be a cover for ill-gotten evidence and information. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation.