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. Informants. Learn more Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. You may feel you are being watched. <<59BC4FB09E3701468D15B956FB86861C>]>> 0000001540 00000 n Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Can a felon be a confidential informant? Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. 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. The content of the responses is entirely from reviewers. If you agree to work with the FBI, you will be . "I believe in some kind of justice, and I think I was doing something good," he said. If the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Answer (1 of 5): The first thing you need to do is know your enemy. How to Become an FBI Informant | Legal Beagle Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. What Is the Difference between Kidnapping and False Imprisonment. But during our interview, ICE said that handbook still isn't finished. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. This is a common issue people face when working as CIs. The most common way to become an FBI informant is to be approached by the FBI. But she did. 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. Confidential Informants > JAG Reporter > Article View Post It is important for law enforcement to protect the credibility of the informant as much as possible. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". for the objects of police raids if things go awry. 0000032775 00000 n The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. Courtesy Raul Loya The CI will contact you or maybe you contact the CI. 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. Lorenza Magana, who works with victims of violence in Juarez, Mexico, "We have thousands of informants that are active that we are managing on a daily basis," he says. "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 field is for validation purposes and should be left unchanged. Law enforcement may keep threatening jail or charges unless you work one more deal for them. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. A person shall not knowingly: 1. advice, does not constitute a lawyer referral service, and no attorney-client or The killings in Juarez took place more than six years ago. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Here in Mexico, there is no justice, only impunity. 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. See are article relating to Missouri's witness protection program and the lack of uptake. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. Do not allow any of these things to happen to you. hide caption. The reason for this is the police use the CI to gain probable cause for your arrest. Human motives and motivation is a complex subject with many competing theories. Bencomo says Lalo was different from other informants. Timeline: An ICE Informant Run Amok Or Mishandled? However, the above measures are extra insurance for the police, they are not required. Mathew did an amazing job in court. 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. 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 law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. The high court held that reliance on informant testimony implicates . Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Official websites use .gov His handlers did well, too. The identity of the CI can be necessary to a Defendants defense in their criminal case. Bencomo says the agents were told that Santillan was the No. 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). No, the identity of informants are not public record. To the U.S. government, he was officially informant No. There are two opportunities to find out the identity of a confidential informant: before and during trial. The state will do its best to not reveal the identity of the CI. All rights reserved. he really cares and goes beyond 100% to help his clients. 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. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. The best way to beat the system and stay out of prison is don't break the law. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. His sincerity, empathy and commitment to advocating on my behalf were apparent. These guys are El Paso's version of the Keystone Kops," Loya says. Terms of Service apply. "It hit me like cold water in the face; it just feels terrible. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. 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". "That was the first incident that I ever came across that he was working both sides," Bencomo says. The purpose of the ruling is to establish an informant . 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. Defending Against Informants in Drug Sales Cases | Ray Kimble 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. "It just made me sick," he says. Now, with Lalo on board, agents set their sights on a Juarez kingpin known as the Engineer: Heriberto Santillan Tabares. 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. There may be cameras in the location that the deal takes place. The more specific and detailed, the more likely a court is to accept a CI's information. 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. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. However, you need a tireless defense team fighting on your behalf. Understanding motive and motivation. "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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. We contacted our attorney in the state where we live and he recommended Matt to us. If you need help defending yourself from these cases, our criminal defense firm can help. Lalo said his actions were necessary to maintain his cover. The police have the upper hand on CIs. Schedule a free consultation today. Drug smuggling turned out to be the least of Lalo's exploits. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. He explained to my husband and I what my son was facing. Choosing the right attorney can be the most important step youll ever take. However, this does not have to be the case. 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. 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? Drug Use and The Use of a Confidential Informant | Ketcham Law Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Eventually, a dozen bodies were unearthed at the site. Our son was distraught and frightened and Matt was very reassuring and supportive. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Police and prosecutors generally want to keep the identity of their CI a secret. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. 0000001889 00000 n The CI must provide 100% honest information. How To Beat A Confidential Informant - Wakelet It just made me sick. For example, if you are a parent a drug trafficking charge in Florida may pose challenges for your custody agreement, particularly if your children were present for any portion of the alleged crime. He says Lalo was the keeper of the keys. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We found ourselves against all odds. 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. Protecting confidential informant identities -breaches risk lives What Are the Different Types of Injunctions in Florida? ZIP But he had his reasons for informing on the drug gang. The team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. With every new body, the smell would hit us it was horrible. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The government does not have the resources or time to do this. This is something that can be used to impeach him when he testifies. A still from a video in which Lalo talks about his case. In the end the police are working for the government and you are left holding the bag. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". It can also be risky for the prosecution if they must give the CIs identity to the defense later. Revealing the CIs identity puts the informant and sometimes their family in great danger due to, There might be several unhappy criminals and their associates or family members looking to exact revenge or. Copyright 2023 Weinstein Legal. "He would say, 'We're going to have a barbecue.' %%EOF Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. I couldn't believe it," says the DEA's Sandalio Gonzalez. in the former, a crime is reported to the police and an investigation is initiated; in the latter . How Do You Beat a Drug Trafficking Charge in Florida? 0000001712 00000 n Details for individual reviews received before 2009 are not displayed. Penalties for Drug Possession Charges as a Minor. But in either language, his story is the same. In this hour of need and when this medical pro Mat was such a relief to our family! "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. I am not saying my child didnt have a breakdown. 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. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. What Is a Confidential Informant? - Randall & Stump, Criminal Defense 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. 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. How To Find Out If Someone Is A Police Informant 129 14 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. 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. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Highlight information that would indicate their dishonesty or bias. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. "So where are we going to find any help if we can't trust the U.S.?". 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. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. No one. 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. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. This website is for general informational purposes only. Contact us. A .gov website belongs to an official government organization in the United States. "We stayed there all night and watched as they pulled out bodies," Magana says. %PDF-1.3 % In any case, the outcome will most likely benefit you as the defendant. The amount of a drug for which trafficking charges are applicable varies depending on the substance. All these only go to reinforce stereotypes. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. The true identity of a confidential informant should be strictly limited to an identified number of people. The Drug Enforcement Administration blacklisted him. 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. 28 How To Beat A Confidential Informant 02/2023 - KTHN and Raul Loya Until now, ICE has always refused to talk on the record about what happened there and why Lalo was kept on the U.S. government's payroll while he was involved in torture and murder. Confidential Informants can never be 100% protected by the Government or anyone else. CONFIDENTIAL INFORMANTS - Official FBIretired Website The information may prove to relate to exculpatory evidence. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. I had to go to the restroom and throw up. 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. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. NPR went there with veteran Juarez crime reporter Carlos Huerta. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. There may be other reasons why the identity of the CI will be revealed. The guidelines can be used to develop or revise written directives for using and managing informants. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. confidential relationship is or should be formed by use of the site. 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. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. You may not see or notice the police. This story was produced for broadcast by Marisa Penaloza. Anyone considering being a CI should first talk to a criminal defense attorney. In general, the Government goes to great lengths to not reveal the identity of snitches. I took the recording and I told my supervisor that I didn't wish to be part of the case. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices As with most things in the legal world, knowing how to beat a CI depends on your case. 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, The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. 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. 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. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. 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. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Thus, a court needs some basis for a CI's allegations. Informants nationwide end up beaten, tortured and dead once they're found out. Can a REDDI Report Be the Legal Basis for a Traffic Stop? A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. 913, though most called him by the nickname Lalo. Both federal and state law enforcement officers use confidential informants. Informants are another kind of source (ie persuading activists already in political groups to pass on information about the activities and intentions of their fellow protesters). Active listening for police - a skill for conflict avoidance. There is no obligation from the Government to protect you the rest of your life because you served as a CI. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. and Raul Loya. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. 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. It often comes to light that things may not be as they seem and this can greatly help your defense. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. It can also be risky for the prosecution if they must give the CIs identity to the defense later. 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. On April 8, 2020, the Minnesota Supreme Court issued a new ruling on the use of confidential informants. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Once I reached out to Matt he was back in touch within the hour. It's also the least painful and expensive. Yes, a felon can be an informant. An official website of the United States government, Department of Justice. The memo stated that those rules would be part of a new policy handbook. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Believe it or not it is legal for law enforcement to pay a government snitch!
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