Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Our son was distraught and frightened and Matt was very reassuring and supportive. Those are . 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. 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. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. The police have the upper hand on CIs. There may be other reasons why the identity of the CI will be revealed. The majority of informants are those working off their own cases. Do not wait to start working on your defense. Some informants have personalities that make them difficult to manage. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. 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. "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?" How To Beat A Confidential Informant - Wakelet A decade ago, at 2 a.m., a Mexican drug runner walked over the international bridge that links El Paso, Texas, with Ciudad Juarez, Mexico, and asked to speak with a U.S. agent. Contributing to the Delinquency of a Minor. Matt was available throughout the process for consultations with both my son and his parents. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Police techniques for recruiting and running informants revealed Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. I had to go to the restroom and throw up. 2. So how can a court find a CI's testimony to be credible? On the other hand, police and prosecutors' concern for confidential informants is not misplaced. hide caption. So where are we going to find any help if we can't trust the U.S.? 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. The information provided on this site is not legal 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. Choosing the right attorney can be the most important step youll ever take. Beat a Confidential Information in Philadelphia | Cases with CI These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. There must be some legal guarantee that a CI's info is good. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Demonstrate any past instances of false or invalidated evidence or information they have provided. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. confidential relationship is or should be formed by use of the site. An attorney may help you weigh your options. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. Eventually, U.S. officials told Mexican authorities about the bodies buried at the House of Death. Drug smuggling turned out to be the least of Lalo's exploits. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. trailer The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. "I don't know if they are going to keep me here for the rest of my life," he said. You can receive an entirely free case evaluation with absolutely no obligation. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. 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. But she did. The memo stated that those rules would be part of a new policy handbook. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. However, the above measures are extra insurance for the police, they are not required. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Drug Informants: Motives, Methods, and Management The fact that the confidential informant is often a convicted felon, their credibility is already at issue. However, you need a tireless defense team fighting on your behalf. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. To the U.S. government, he was officially informant No. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. Schedule a free consultation today. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. abstract. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. But that is the sobering truth of being a CI. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Saying they have a CI may be a cover for ill-gotten evidence and information. and Raul Loya. All rights reserved.|Disclaimer|Privacy policy. The CI may be required to testify in a trial of the person they are snitching on. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. His performance in court was outstanding and gave me a big victory. Why did the chicken cross the road ? No one. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. "He would say, 'We're going to have a barbecue.' "In my mind, he was given a license to kill.". 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. He says Lalo was the keeper of the keys. Believe it or not it is legal for law enforcement to pay a government snitch! 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. Lalo has been in solitary confinement for more than five years. 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. However, this does not have to be the case. If you agree to work with the FBI, you will be . Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. ICE says the fault lies with former agent Bencomo, Lalo's handler. Police and prosecutors generally want to keep the identity of their CI a secret. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 3. Terms of Service apply. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. 3 man in the Juarez cartel. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. Share sensitive information only on official, secure websites. I couldn't believe it," says the DEA's Sandalio Gonzalez. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Bencomo was the only one fired as a result of the Lalo fiasco. Details for individual reviews received before 2009 are not displayed. 1 ANSWER. Here in Mexico, there is no justice, only impunity," Magana says. The crux revolves around the confidential part of the confidential informant. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. The government could decide to charge someone who does that with obstruction of justice, among other things. A. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. startxref A .gov website belongs to an official government organization in the United States. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. His sincerity, empathy and commitment to advocating on my behalf were apparent. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Jeralyn Elise Merritt (Unclaimed Profile). Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants. 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. 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. Login. hide caption. We will review the facts surrounding your unique case and provide you with honest answers. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. 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. 5 Factors Courts Will Consider. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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. 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. The feds paid Lalo well: nearly $250,000 over four years. Possibly, yes. Eventually, a dozen bodies were unearthed at the site. Although these types of cases can be difficult to defend, there are several ways to fight evidence gathered from a confidential informant. However, this does not have to be the case. Identities should be stored in a system with the highest level of security and with Role Based Access Control. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Read More >>. Anyone considering being a CI should first talk to a criminal defense attorney. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. 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. This website is for general informational purposes only. The content of the responses is entirely from reviewers. 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. Informants. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. How experts say to reform the confidential informant - KSAT Saying they have a CI may be a cover for ill-gotten evidence and information. You may feel trapped by serving as a Government informant. Sometimes the police will even arrest the CI to make the whole operation look like the CI wasnt working as a snitch. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs he really cares and goes beyond 100% to help his clients. He says that the agency's guidelines for using confidential informants are sound. Human motives and motivation is a complex subject with many competing theories. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Secondly, know all the versions of the s. 0000001273 00000 n When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. A simple he-said-she-said backed up with no observations won't be worth much in court. ZIP If you need help defending yourself from these cases, our criminal defense firm can help. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. What Is the Difference between Kidnapping and False Imprisonment. code or county). Thus, a court needs some basis for a CI's allegations. For a free legal consultation, call 215.515.3360. We found ourselves against all odds. 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. How Can Mitigation Help Get Me The Lowest Possible Sentence? Guadalupe Juarez/AFP/Getty Images He explained to my husband and I what my son was facing. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. 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). Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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. Penalties for Drug Possession Charges as a Minor. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. You may not have enough time to talk to a lawyer about what your options are before deciding whether you want to be a government snitch. The CI must provide 100% honest information. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. Highlight information that would indicate their dishonesty or bias. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. PDF The Attorney General'S Guidelines Regarding the Use of - Ignet Protecting confidential informant identities -breaches risk lives 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. The CI may be working several buy busts before the CIs work is finished with the police. 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. LockA locked padlock 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. Police and prosecutors generally want to keep the identity of their CI a secret. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 0000001094 00000 n ) or https:// means youve safely connected to the .gov website. How To Find Out If Someone Is A Police Informant How credible is the confidential informant? 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. 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. After all, the average CI is a . Official websites use .gov "There were these code words that the bosses would say to Lalo," Huerta says. It can also be risky for the prosecution if they must give the CIs identity to the defense later. "He kept us so busy we were so behind on reports that we told him to go take a vacation just to let us catch up on reports," Bencomo says. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. Drug Use and The Use of a Confidential Informant | Ketcham Law 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. 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. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. "That was the first incident that I ever came across that he was working both sides," Bencomo says. 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. 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 recording devices used have become very sophisticated and are virtually undetectable. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. He also tried to get Congress to investigate, but that went nowhere. He also helped crack a major international cigarette smuggling ring. 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. This creates a record that the deal happened and that the informant is telling the truth about the amount of drugs and money involved, particularly if the seller is arrested immediately and in possession of the bills with pre-recorded serial numbers. Confidential informants arent the same as anonymous sources or tipsters. 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. On the tape, Lalo looks more like a victim than a drug thug. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. In any case, the outcome will most likely benefit you as the defendant. 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. 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. It often comes to light that things may not be as they seem and this can greatly help your defense. 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. Fabricating a confidential informant can lead to dire consequences. No, the identity of informants are not public record. Confidentiality is what makes the informant valuable. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. In general, the Government goes to great lengths to not reveal the identity of snitches. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. And the CI must answer the question truthfully or else possibly face sanctions in court. Law enforcement will often corroborate a CI's information with consistent observations by officers. Other elements of your case that may affect the severity of your penalties will include whether you are a first-time offender or if this is a repeat offense, whether any minors were involved or harmed in the process of the alleged crime, whether any person sustained an injury as a result of your alleged actions, and your past criminal history. 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. The Use of 'Confidential Informants' Can Lead to Unnecessary and 5. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. For a quick fix solution Wikipedia provides a list of potential motivations. Guadalupe Juarez/AFP/Getty Images 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. 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. The best way to beat the system and stay out of prison is don't break the law. You may feel you are being watched. 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. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Once the case was done, ICE was also done with Lalo. The CI may be charged with a serious drug (or other) criminal offense. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. 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.
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