how to beat a confidential informant

Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Your access of/to and use Exculpatory evidence is evidence that could clear the defendant of guilt. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. code or county). "I don't know if they are going to keep me here for the rest of my life," he said. Confidentiality is what makes the informant valuable. It often comes to light that things may not be as they seem and this can greatly help your defense. 5 Factors Courts Will Consider. 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. 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. ICE says it learned some lessons dealing with Lalo. 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. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. He says Lalo was the keeper of the keys. 0000018883 00000 n Confidentiality is what makes the informant valuable. The purpose of the ruling is to establish an informant . These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. The true identity of a confidential informant should be strictly limited to an identified number of people. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. To get started working on your case and to learn how to beat drug charges in the state of Florida, contact Weinstein Legal today. 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. All rights reserved.|Disclaimer|Privacy policy. 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. "So where are we going to find any help if we can't trust the U.S.?". If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. 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. When using an informant to make a drug purchase (called a controlled buy) the police often will wire the informant in advance, provide currency to make the purchase (after photocopying or writing down the serial numbers on the bills), search the informant for drugs right before the deal, transport him or her to the deal, and search the informant\'s person again right after they leave the site of the deal. 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. You deserve the same chance at having an excellent legal defense. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. It is possible to beat drug trafficking charges. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. Marvin Christensen @MarvinChristensen988. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. 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. 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. Former agent Bencomo remembers listening to the tape. Possess or use a dangerous drug. he really cares and goes beyond 100% to help his clients. 913, though most called him by the nickname Lalo. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. Courtesy Texas DMV, U.S. D.O.J. 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 are basically two types of police investigation, reactive and proactive. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Here in Mexico, there is no justice, only impunity," Magana says. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Possess a dangerous drug for sale. 0000017403 00000 n The CI knows he/she is working as a snitch, but you do not. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". 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. I took the recording and I told my supervisor that I didn't wish to be part of the case. Jeralyn Elise Merritt (Unclaimed Profile). AV Preeminent: The highest peer rating standard. 0000032339 00000 n In the end the police are working for the government and you are left holding the bag. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt relationship. Choosing the right attorney can be the most important step youll ever take. 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. 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. 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. If CIs were public record, it would put their lives in danger and the lives of their loved ones. In an interview with NPR, Kumar Kibble, a top ICE official and a former director of criminal investigations for the agency, says, "I want to emphasize that our primary obligation is to protect life and limb." Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. It can also be risky for the prosecution if they must give the CIs identity to the defense later. Do not allow any of these things to happen to you. What Are the Different Types of Injunctions in Florida? There are many other illegal narcotics to which the charges may apply, including MDMA, MDA, prescription pills, and more. 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. Thus, a court needs some basis for a CI's allegations. "Are you kidding me? If you need help defending yourself from these cases, our criminal defense firm can help. Identities should be stored in a system with the highest level of security and with Role Based Access Control. He's clean-cut and clearly educated. "I believe in some kind of justice, and I think I was doing something good," he said. The guidelines can be used to develop or revise written directives for using and managing informants. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. Lawyers from our extensive network are ready to answer your question. Matt was available throughout the process for consultations with both my son and his parents. Are Confidential Informants Credible? in the former, a crime is reported to the police and an investigation is initiated; in the latter . The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. We will review the facts surrounding your unique case and provide you with honest answers. And the CI must answer the question truthfully or else possibly face sanctions in court. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. The identity of the CI can be necessary to a Defendants defense in their criminal 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. 0000000016 00000 n To the U.S. government, he was officially informant No. But it wasn't just the people of Juarez who were outraged. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. 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. Confidential informants are one of those things that seem to lurk around in the underground of criminal activity. Some people have heard of the witness protection program in movies or TV shows. Confidential informants arent the same as anonymous sources or tipsters. He is the best !! 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. 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. 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. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Then, at trial, the Government calls the . It is important for law enforcement to protect the credibility of the informant as much as possible. It's also the least painful and expensive. I couldn't believe it," says the DEA's Sandalio Gonzalez. The high court held that reliance on informant testimony implicates . The memo stated that those rules would be part of a new policy handbook. These guys are El Paso's version of the Keystone Kops," Loya says. There should be an audit trail detail who has seen the true identity and when they saw it. "That was the first incident that I ever came across that he was working both sides," Bencomo says. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. 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. 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. a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. he says. All rights reserved. The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. Drug trafficking charges may be suitable for the following weights and amounts of common drugs: This list of illegal, controlled substances is not all-inclusive of substances that may incur charges of drug trafficking in the state of Florida. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The police have the upper hand on CIs. It all depends on the facts of your case. 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. Bencomo says Lalo was different from other informants. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. No, the identity of informants are not public record. CIs are regular folks that provide law enforcement with confidential, possibly damning, information against you. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. 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. The prosecutors office is not generally required to reveal a confidential informants true identity, as many fear that it may put that source in danger. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. There must be some legal guarantee that a CI's info is good. 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. He says that the agency's guidelines for using confidential informants are sound. There may be cameras in the location that the deal takes place. 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. It has been dubbed the House of Death. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. The state will do its best to not reveal the identity of the CI. Saying they have a CI may be a cover for ill-gotten evidence and information. This story was produced for broadcast by Marisa Penaloza. Confidential informants ("CIs") often provide law enforcement and prosecutors with valuable evidence that can lead to arrests and even convictions of criminal suspects. 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 the confidential informants identity is essential to the defendants case, your attorney can file a motion to compel disclosure of the CIs name. Ashok Dhamija 0000000884 00000 n "I had to go to the restroom and throw up. An exchange for leniency in the charges against the informant generally occurs in these situations. 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. How Do You Beat a Drug Trafficking Charge in Florida? A lock ( On the other hand, police and prosecutors' concern for confidential informants is not misplaced. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. So how can a court find a CI's testimony to be credible? It may be challenging for law enforcement to prove that you were the source of the narcotics that led to the individuals death and suspicion alone is not enough to convict a person and send them to jail for many years. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. All these only go to reinforce stereotypes. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. The majority of informants are those working off . If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. But in Lalo's case, he says, rogue agents didn't properly follow them. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. 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. We came back night after night to see how many they dug up.". Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. In all, there were 12 victims. 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. So where are we going to find any help if we can't trust the U.S.? This is very wrong and a misconception. We found ourselves against all odds. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. As with most things in the legal world, knowing how to beat a CI depends on your case. The monograph is organized around the confidential informant's employment . Once the case was done, ICE was also done with Lalo. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. 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. 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. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. Lalo's information was on the mark. This site is protected by 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. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. Mathew did an amazing job in court. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. 0000001712 00000 n [It is only available to law enforcement.]. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. The CI may be working several buy busts before the CIs work is finished with the police. 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. 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. This field is for validation purposes and should be left unchanged. 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. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. NPR went there with veteran Juarez crime reporter Carlos Huerta. This is a common issue people face when working as CIs.

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