The guidelines can be used to develop or revise written directives for using and managing informants. "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?" Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. In the end the police are working for the government and you are left holding the bag. NPR went there with veteran Juarez crime reporter Carlos Huerta. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. It often comes to light that things may not be as they seem and this can greatly help your defense. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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". "Are you kidding me? The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Answer (1 of 5): The first thing you need to do is know your enemy. 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. How Much Jail Time for Felony Grand Theft? He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. 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. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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).
CONFIDENTIAL INFORMANTS - Official FBIretired Website Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. And gaining a better understanding of what motivates people takes time.
Drug Informants: Motives, Methods, and Management The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. The use of informants by police is essentially unregulated by the courts. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. They can: A skilled defense attorney in Pennsylvania will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Lalo has been in solitary confinement for more than five years. We called after our son was arrested for a crime he committed nearly 9 months earlier. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web.
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. 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 may be cameras in the location that the deal takes place. "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," he says.
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. 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. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. 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. 0000017403 00000 n
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6. Read More >>. 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. I had to go to the restroom and throw up. We came back night after night to see how many they dug up.". 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 3 man in the Juarez cartel. 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.
Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law 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. Stay up-to-date with how the law affects your life.
Confidential Informants > JAG Reporter > Article View Post Do not allow any of these things to happen to you. If CIs were public record, it would put their lives in danger and the lives of their loved ones. 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. Therefore, they wont be able to provide any information. Ashok Dhamija State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". 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. The memo stated that those rules would be part of a new policy handbook. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. 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. 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. You may not see or notice the police. ICE says the fault lies with former agent Bencomo, Lalo's handler. He says that the agency's guidelines for using confidential informants are sound. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. And the devices are constantly evolving and improving. Call 954-845-0505 today. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. So how can a court find a CI's testimony to be credible? Martindale-Hubbell validates that a reviewer is a person with a valid email address. ZIP 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. "And you have to act like a criminal.". He's clean-cut and clearly educated.
Defending Against Informants in Drug Sales Cases | Ray Kimble How Do You Beat a Drug Trafficking Charge in Florida? hide caption. It is possible to beat drug trafficking charges. The CI is assigned a CI number and agrees to provide information about your case to the police.
28 How To Beat A Confidential Informant 02/2023 - KTHN Then, at trial, the Government calls the . But in either language, his story is the same. 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. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need.
Experts explain how confidential informants infect the - Inlander Copyright 2023 Weinstein Legal. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. The CI may be required to testify in a trial of the person they are snitching on. You can receive an entirely free case evaluation with absolutely no obligation. However, the above measures are extra insurance for the police, they are not required. 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. So where are we going to find any help if we can't trust the U.S.? Can a felon be a confidential informant? 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. A simple he-said-she-said backed up with no observations won't be worth much in court. What are the different Martindale-Hubbell Peer Review Ratings?*. code or county). If youre worried about how to beat a confidential informant, let the, represent you. In this hour of need and when this medical pro Mat was such a relief to our family! 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. 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. 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. 0000032339 00000 n
How to discredit a confidential informant during a criminal trial - Quora Penalties for Drug Possession Charges as a Minor. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs.
How experts say to reform the confidential informant - KSAT Confidentiality is what makes the informant valuable. 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. If you agree to work with the FBI, you will be . However, this does not have to be the case. The CI may be working several buy busts before the CIs work is finished with the police. "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.". This website is for general informational purposes only. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Human motives and motivation is a complex subject with many competing theories. Confidential Informant Testifies as Government Witness. In many cases, the confidential informant is facing some type of criminal charges themselves, so their cooperation is motivated by the possibility of lessening their own charges. 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. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. With every new body, the smell would hit us it was horrible. This is the first time that Bencomo has talked publicly. Bencomo says the agents were told that Santillan was the No. 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. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. The guidelines can be used to develop or revise written directives for using and managing informants. "I really was doing something good," he said. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Some training courses, available for law enforcement officers, will claim to be able to provide officers with everything they need to know about managing confidential informants, including motivation, in one or two days. 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. 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. reCAPTCHA and the Google Privacy Policy and 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. It is ugly. But he had his reasons for informing on the drug gang. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. The government does not have the resources or time to do this. . Eventually, a dozen bodies were unearthed at the site. We found ourselves against all odds. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? 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. vPxK
s&K0!6XYY'`aIbce9"\*z816&V:::Z. 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. trailer
Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. 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 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. All rights reserved.|Disclaimer|Privacy policy.
Should You Work as a Police Confidential Informant? Defense - YouTube Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). He also helped crack a major international cigarette smuggling ring. To the U.S. government, he was officially informant No. Contact us.
PDF The Attorney General'S Guidelines Regarding the Use of - Ignet This is something that can be used to impeach him when he testifies. in the former, a crime is reported to the police and an investigation is initiated; in the latter . He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. 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.
Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices The government could decide to charge someone who does that with obstruction of justice, among other things. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. 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. The monograph is organized around the confidential informant's employment . Official websites use .gov To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today.
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. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Are Confidential Informants Credible? An official website of the United States government, Department of Justice. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation.
Protecting confidential informant identities -breaches risk lives The killings in Juarez took place more than six years ago. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation.
How to beat a confidential informant - Quora Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. 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. The Confidential Informant may be a drug dealer, a significant other, someone you are friends with, someone that works for you, someone that you work for, etc. Your access of/to and use The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Confidential Informants can never be 100% protected by the Government or anyone else. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell.
The fact that the confidential informant is often a convicted felon, their credibility is already at issue. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. 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. Once I reached out to Matt he was back in touch within the hour. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. Informants nationwide end up beaten, tortured and dead once they're found out. Here in Mexico, there is no justice, only impunity," Magana says. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse.
What Is a Confidential Informant? - Randall & Stump, Criminal Defense ICE says it learned some lessons dealing with Lalo. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. "I had to go to the restroom and throw up.
Can a felon be a confidential informant? What evidence is needed to You cant enforce these agreements or conversations. Please explain why you are flagging this content: * This will flag comments for moderators to take action. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. Exculpatory evidence is evidence that could clear the defendant of guilt. The Martindale-Hubbell Peer Review Ratings process is the gold standard due to its objectivity and comprehensiveness. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. 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.
How to Beat a Drug Trafficking Charge in Florida Bencomo says Lalo was different from other informants.
Opinion | Want to make a million? Become a DEA informant. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. His sincerity, empathy and commitment to advocating on my behalf were apparent. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. The CI must provide 100% honest information. 142 0 obj<>stream
Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. Copyright 2023 MH Sub I, LLC dba Internet Brands. 913, though most called him by the nickname Lalo. [It is only available to law enforcement.]. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. But that is the sobering truth of being a CI. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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.