how to beat a confidential informant

The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. In the fall of 2003, Santillan and a band of crooked Mexican police officers went on an eight-month crime spree killing, kidnapping and torturing drug rivals in Juarez. A still from a video in which Lalo talks about his case. 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. 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. Contact us. Some informants have personalities that make them difficult to manage. If the CI does testify at your trial, your attorney will have the opportunity to cross examine the CI and ask questions about any deals the CI made with the state. The recording devices used have become very sophisticated and are virtually undetectable. 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. The CI may be charged with a serious drug (or other) criminal offense. Whether or not the top brass knew about all of Lalo's exploits, there is no denying they used him to nab a Juarez drug lord and lock him away. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Once the case was done, ICE was also done with Lalo. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Some people have heard of the witness protection program in movies or TV shows. 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, 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? a confidential informant is a secret source who, through a contact officer, supplies information on criminal activity to the police or law enforcement agent. The CI knows he/she is working as a snitch, but you do not. 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? AV Preeminent: The highest peer rating standard. Courtesy Texas DMV, U.S. D.O.J. Our son was distraught and frightened and Matt was very reassuring and supportive. Drug smuggling turned out to be the least of Lalo's exploits. He is the best !! 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. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Call 954-845-0505 today. Fabricating a confidential informant can lead to dire consequences. Supplemental Terms. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. A lock ( The monograph is organized around the confidential informant's employment . Yes, in some circumstances the police will pay a person to be a CI. Receive a phone call from attorney Marni Jo Snyder for a free initial consultation. Please explain why you are flagging this content: * This will flag comments for moderators to take action. My reservations were quickly eased during my initial consultation. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. And gaining a better understanding of what motivates people takes time. "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. 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 team at Weinstein Legal will use all of the resources available to them to help prove your innocence, including private investigators and more. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. in the former, a crime is reported to the police and an investigation is initiated; in the latter . Magana says she couldn't believe it when she found out that Lalo, the gatekeeper of the death house, was a U.S. government informant. You deserve the same chance at having an excellent legal defense. Why did the chicken cross the road ? This story was produced for broadcast by Marisa Penaloza. Eventually, a dozen bodies were unearthed at the site. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. Our consultant Dr John Buckley will be. As with most things in the legal world, knowing how to beat a CI depends on your case. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. 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. ZIP LockA locked padlock Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. Unfortunately, beating a confidential informant presents a particular set of challenges that are not always readily overcome. An exchange for leniency in the charges against the informant generally occurs in these situations. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Whatever the amount of money that may be offered in exchange for you becoming a CI may not be worth you and your loved ones being put in danger. There must be some legal guarantee that a CI's info is good. A. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Contributing to the Delinquency of a Minor. Identities should be stored in a system with the highest level of security and with Role Based Access Control. 913, though most called him by the nickname Lalo. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? The content of the responses is entirely from reviewers. Visit our attorney directory to find a lawyer near you who can help. A responsive, knowledgeable and skilled attorney. Visit https://www.gustitislaw.com for more information about inform. The killings in Juarez took place more than six years ago. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. You may also have to forfeit any weapons or firearms that you own and you may lose your right to vote in political elections for a period of time. 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). 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. 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. You may feel you are being watched. But she did. 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. 0000001273 00000 n 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 attorneys have a host of tools to do this. 0000001094 00000 n The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. His sincerity, empathy and commitment to advocating on my behalf were apparent. Demonstrate any past instances of false or invalidated evidence or information they have provided. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. Throughout, he maintained consistent communication each step of the way until my case was resolved. Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. "In my mind, he was given a license to kill.". 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. 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. 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. Ashok Dhamija But it wasn't just the people of Juarez who were outraged. Once the government uses you as a CI, they can be done with you. "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?" 129 0 obj <> endobj If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. The CI may be wearing a wire or recording device. I took the recording and I told my supervisor that I didn't wish to be part of the case. "I don't know if they are going to keep me here for the rest of my life," he said. The guidelines can be used to develop or revise written directives for using and managing informants. 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. Keep the informants identity a secret, put the evidence aside, and rely on other evidence/witnesses/information to win the case if they have other evidence. 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. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. 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. 5. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. A .gov website belongs to an official government organization in the United States. And the CI must answer the question truthfully or else possibly face sanctions in court. 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. [It is only available to law enforcement.]. Call 954-845-0505 any time, day or night, to speak with a member of our team. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. 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. Copyright 2023 MH Sub I, LLC dba Internet Brands. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. Courtesy Texas DMV, U.S. D.O.J. And Lalo was with them. The CI will likely be paying with marked money. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. Both federal and state law enforcement officers use confidential informants. hide caption. It can also be risky for the prosecution if they must give the CIs identity to the defense later. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. If you are interested in training in relation to motivation or details of our comprehensive human source training programs please get in touch: info@hsmtraining.com We provide the best confidential informant training available. The Drug Enforcement Administration blacklisted him. A few other articles found on the internet will give an expanded version of that list. Fines begin at $50,000 and may exceed $250,000, not including lawyer fees and court costs. "And you have to act like a criminal.". But that is the sobering truth of being a CI. The CI is searched before and after the deal by the police. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Once I reached out to Matt he was back in touch within the hour. "It just made me sick," he says. To make a drug bust, the police should have probable cause (reason to believe) that you possessed, sold, bought or used drugs, or that you attempted or conspired (agreed) to do one of those things. It may be possible to show that the confidential informant has ulterior motives in sharing information with the police and that the facts they provide may be false. 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. 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." A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom the way we have for other clients. 2. However, this does not have to be the case. 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 faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Police and prosecutors generally want to keep the identity of their CI a secret. 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. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. 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. According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. A person shall not knowingly: 1. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. Do not allow any of these things to happen to you. This important decision can affect you the rest of your life and possibly even your loved ones or friends. The identity of the CI can be necessary to a Defendants defense in their criminal case. Specifically, ICE officials say Bencomo was terminated because he didn't tell supervisors that Lalo was still involved with murder and torture in Juarez. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Possibly, yes. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. listings on the site are paid attorney advertisements. "I had to go to the restroom and throw up. 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. Possess a dangerous drug for sale. "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.". Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. of this site is subject to additional 0000000016 00000 n The agency began deportation proceedings with the intention of sending him back to Mexico. I am not saying my child didnt have a breakdown. 0000001540 00000 n The feds paid Lalo well: nearly $250,000 over four years. Law enforcement will often corroborate a CI's information with consistent observations by officers. How Can Mitigation Help Get Me The Lowest Possible Sentence? How Much Jail Time for Felony Grand Theft? I took the recording and I told my supervisor that I didn't wish to be part of the case.". In other words, the police claim that your charge will be lessened or maybe even go away if you work as a snitch for the police. 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.

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