how to beat a confidential informant

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. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. I took the recording and I told my supervisor that I didn't wish to be part of the case. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Copyright 2023 Weinstein Legal. 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. 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. Secure .gov websites use HTTPS Eventually, a dozen bodies were unearthed at the site. In general, the Government goes to great lengths to not reveal the identity of snitches. advice, does not constitute a lawyer referral service, and no attorney-client or 913, though most called him by the nickname Lalo. Confidentiality is what makes the informant valuable. Fabricating a confidential informant can lead to dire consequencesfor the objects of police raids if things go awry. Secondly, know all the versions of the s. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. 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. Contact Susan Williams today for a free consultation. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. All rights reserved.|Disclaimer|Privacy policy. about FindLaws newsletters, including our terms of use and privacy policy. And Lalo was with them. When considering how to beat a drug trafficking charge in the state of Florida, many individuals wonder what defenses are available to them. There are several ways to become an FBI informant. The CI may be wearing a wire or recording device. 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. Then, at trial, the Government calls the . To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. [It is only available to law enforcement.]. The Client Review Rating score is determined through the aggregation of validated responses. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. Yes, in some circumstances the police will pay a person to be 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. Bencomo says the agents were told that Santillan was the No. Fabricating a confidential informant can lead to dire consequences. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Visit our attorney directory to find a lawyer near you who can help. The monograph is organized around the confidential informant's employment . Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. The guidelines can be used to develop or revise written directives for using and managing informants. code or county). In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Thus, a court needs some basis for a CI's allegations. If youre worried about how to beat a confidential informant, let the, represent you. how do i become a confidential informant, can a confidential informant be revealed, how to beat a confidential informant case, how do confidential informants get paid, what are the rules for a confidential informant. 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. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. 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 . "It just made me sick," he says. Schedule a free consultation today. 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. 0000017958 00000 n 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. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. "In my mind, he was given a license to kill.". Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. abstract. I took the recording and I told my supervisor that I didn't wish to be part of the case.". 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. "What is wrong with this picture?". He explained to my husband and I what my son was facing. The attorney . These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 0000018883 00000 n The amount of a drug for which trafficking charges are applicable varies depending on the substance. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. 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. It is possible to beat drug trafficking 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. 0 Matthew and his team made calls and were very persistent. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. Stay up-to-date with how the law affects your life. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. 0000001712 00000 n . 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. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. 913, though most called him by the nickname Lalo. hide caption. My reservations were quickly eased during my initial consultation. 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. It hit me like cold water in the face; it just feels terrible. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. "We stayed there all night and watched as they pulled out bodies," Magana says. of this site is subject to additional The CI may be required to testify in a trial of the person they are snitching on. Jeralyn Elise Merritt (Unclaimed Profile). For now, he said, jail is better than the fate he faces in Mexico. 0000001540 00000 n 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. ZIP "It hit me like cold water in the face; it just feels terrible. 0000032775 00000 n Possess a dangerous drug for sale. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. "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.' 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. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. The agency began deportation proceedings with the intention of sending him back to Mexico. He also tried to get Congress to investigate, but that went nowhere. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. It has been dubbed the House of Death. The true identity of a confidential informant should be strictly limited to an identified number of people. In this hour of need and when this medical pro Mat was such a relief to our family! He says that the agency's guidelines for using confidential informants are sound. Can a REDDI Report Be the Legal Basis for a Traffic Stop? The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. 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. There should be an audit trail detail who has seen the true identity and when they saw it. Law enforcement may keep threatening jail or charges unless you work one more deal for them. 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. 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. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Therefore, they wont be able to provide any information. xb```Il@r/ 0! There may be other reasons why the identity of the CI will be revealed. The CI knows he/she is working as a snitch, but you do not. Call 954-845-0505 today. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. The identity of the CI can be necessary to a Defendants defense in their criminal case. However, an informant whos been burnt obviously wont be trusted in their typical circles. How credible is the confidential informant? But Bencomo stayed on, and so did Lalo. No, the identity of informants are not public record. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 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. The reason for this is the police use the CI to gain probable cause for your arrest. startxref A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. If an individual is giving information to the police that could land you in jail, you deserve the right to face that person in a court of law in an attempt to clear your name. 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. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. 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 the CI must answer the question truthfully or else possibly face sanctions in court. The guidelines can be used to develop or revise written directives for using and managing informants. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. 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. No one. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world. It all depends on the facts of your case. Timeline: An ICE Informant Run Amok Or Mishandled? The CI may be working several buy busts before the CIs work is finished with the police. 5. 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. For a quick fix solution Wikipedia provides a list of potential motivations. The content of the responses is entirely from reviewers. You order drugs from the CI. The pros and cons of being a confidential informant. Similarly, if you borrow a friend or family members car to run errands around town and law enforcement pulls you over, searches the vehicle, and finds illegal drugs hidden inside yet you did not know they were there, it may also be challenging to convict you. 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 problem is that there is no one to police the police. Bencomo was the only one fired as a result of the Lalo fiasco. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . Gonzalez lodged a complaint against ICE. 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. A confidential informant can be used to facilitate multiple deals and inform on various situations if no one knows theyre doing it. 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. However, you need a tireless defense team fighting on your behalf. This is a common issue people face when working as CIs. Guadalupe Juarez/AFP/Getty Images There are two opportunities to find out the identity of a confidential informant: before and during trial. An exchange for leniency in the charges against the informant generally occurs in these situations. ICE's Kumar Kibble insists that his agency has already thoroughly investigated the matter. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. He also helped crack a major international cigarette smuggling ring. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. "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.". Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. Possession, use, administration, acquisition, sale, manufacture or transportation of dangerous drugs; classification. Login. What are the different Martindale-Hubbell Peer Review Ratings?*. "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. A. We called after our son was arrested for a crime he committed nearly 9 months earlier. (The capacity for telling lies is called "mendacity," in case you were wondering.) 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. The CI may do controlled buys. This means that the CI will have an agreement with the police. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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 Texas DMV, U.S. D.O.J. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. Police and prosecutors generally want to keep the identity of their CI a secret. The Drug Enforcement Administration blacklisted him. The police have the upper hand on CIs. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. 129 14 "So where are we going to find any help if we can't trust the U.S.?". In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. I would recommend Justin without reservation to anyone seeking representation. It just made me sick. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. 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. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Penalties for Drug Possession Charges as a Minor. 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. Share sensitive information only on official, secure websites. Thank you Mathew!! To the U.S. government, he was officially informant No. LockA locked padlock According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. The information provided on this site is not legal A Bureau of Justice Assistance Monograph. 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. 0000000966 00000 n If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. ICE says it learned some lessons dealing with Lalo. The CI is assigned a CI number and agrees to provide information about your case to the police. trailer The memo stated that those rules would be part of a new policy handbook. Terms of Service apply. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 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. "And you have to act like a criminal.". 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 might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. Here in Mexico, there is no justice, only impunity. He is the best !! Copyright 2022, Thomson Reuters. Distinguished: An excellent rating for a lawyer with some experience. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. "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 don't know if they are going to keep me here for the rest of my life," he said. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". In any case, the outcome will most likely benefit you as the defendant. Even with the promise of payment, the decision to become a CI is very dangerous. The majority of informants are those working off . The killings in Juarez took place more than six years ago. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Once the government uses you as a CI, they can be done with you. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. The most common way to become an FBI informant is to be approached by the FBI. 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. Bencomo says Lalo was different from other informants. You may feel trapped by serving as a Government informant. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Lalo has been in solitary confinement for more than five years. A still from a video in which Lalo talks about his case. ) or https:// means youve safely connected to the .gov website. But she did. We found ourselves against all odds. 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. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. there are basically two types of police investigation, reactive and proactive. 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. 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). 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. Supplemental Terms. 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. Yes, a felon can be an informant. Human motives and motivation is a complex subject with many competing theories. Fortunately we have done it for you. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. Drug smuggling turned out to be the least of Lalo's exploits. The government does not have the resources or time to do this. Identities should be stored in a system with the highest level of security and with Role Based Access Control. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. We contacted our attorney in the state where we live and he recommended Matt to us. Exculpatory evidence is evidence that could clear the defendant of guilt.