how to beat a confidential informant

The amount of a drug for which trafficking charges are applicable varies depending on the substance. 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. There should be an audit trail detail who has seen the true identity and when they saw it. It all depends on the facts of your case. A Pennsylvania criminal defense lawyer at our firm will work tirelessly to protect your rights and your freedom, Federal Judge Questions Push to Imprison Trans Activist, Josie Robotin, Police Use DNA, Video Footage, and Phone Records to ID Idaho Murders Suspect, Jenkintown Woman Sentenced for Lighting Police Cars on Fire During George Floyd Protests, Motion to Suppress: Pennsylvania Search Warrant Update, 5 Things to Know About House Arrest in Pennsylvania, 6 Things To Know About Drug Possession In Pennsylvania, Guide to Felony vs. Misdemeanor Charges in Pennsylvania. Saying they have a CI may be a cover for ill-gotten evidence and information. You cant enforce these agreements or conversations. Here in Mexico, there is no justice, only impunity," Magana says. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. The killings in Juarez took place more than six years ago. Informants nationwide end up beaten, tortured and dead once they're found out. Evidence from CIs who have been busted for fraud or other crimes involving lying may be given less weight. listings on the site are paid attorney advertisements. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. And Lalo was with them. 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. The guidelines can be used to develop or revise written directives for using and managing informants. "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. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. Login. 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. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. Some people have heard of the witness protection program in movies or TV shows. "So where are we going to find any help if we can't trust the U.S.?". In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. But during our interview, ICE said that handbook still isn't finished. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. and Raul Loya Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Additionally, the defense can ask the CI that testifies whether they have been offered a plea deal or to drop their charges in exchange for the CIs testimony at trial. 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 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. 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. However, you need a tireless defense team fighting on your behalf. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Police and prosecutors generally want to keep the identity of their CI a secret. Our consultant Dr John Buckley will be. "It hit me like cold water in the face; it just feels terrible. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. A lock ( 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. 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. All these only go to reinforce stereotypes. "And you have to act like a criminal.". Call 954-845-0505 any time, day or night, to speak with a member of our team. Revealing the CIs identity puts the informant and sometimes their family in great danger due totheir role. "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.". Among the victims were two U.S. residents. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 0000001889 00000 n "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. 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. The Drug Enforcement Administration blacklisted him. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. After all, the average CI is a Should You Work as a Police Confidential Informant? Defense - YouTube 5 Factors Courts Will Consider. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. Can a felon be a confidential informant? What evidence is needed to 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. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. Courtesy Texas DMV, U.S. D.O.J. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. Being a CI is a very dangerous, risky endeavor. Guadalupe Juarez/AFP/Getty Images He's clean-cut and clearly educated. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Schedule a free consultation today. Copyright 2023 MH Sub I, LLC dba Internet Brands. Can a felon be a confidential informant? It is not like the old school movies where you can see a wire taped under someones shirt. 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. 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. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. for the objects of police raids if things go awry. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. But it wasn't just the people of Juarez who were outraged. 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. %%EOF Attorney Raul Loya, who represented them, said the federal agents handling Lalo were a joke. The CI may be working several buy busts before the CIs work is finished with the police. Distinguished: An excellent rating for a lawyer with some experience. Possess a dangerous drug for sale. Whether you are a first-time offender or you have received charges in the past relating to drugs or other criminal activity, the team at Weinstein Legal is here to help. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. In the 1960s, a trio of Supreme Court decisions Hoffa v. United States, Lewis v. United States, and Osborn v. United States made clear that police have a relatively free hand to use informants. If 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. "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.' In general, the Government goes to great lengths to not reveal the identity of snitches. The CI must provide 100% honest information. 0000000016 00000 n How to Become an FBI Informant | Legal Beagle He says Lalo was the keeper of the keys. Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. Marvin Christensen @MarvinChristensen988. In this hour of need and when this medical pro Mat was such a relief to our family! [It is only available to law enforcement.]. 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. 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. in the former, a crime is reported to the police and an investigation is initiated; in the latter . The Client Review Rating score is determined through the aggregation of validated responses. The agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 0000001094 00000 n The use of informants by police is essentially unregulated by the courts. Answer (1 of 5): The first thing you need to do is know your enemy. 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. A simple he-said-she-said backed up with no observations won't be worth much in court. 913, though most called him by the nickname Lalo. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. Protecting confidential informant identities -breaches risk lives You order drugs from the CI. Visit https://www.gustitislaw.com for more information about inform. The police have the upper hand on CIs. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. Drug smuggling turned out to be the least of Lalo's exploits. The CI may be required to testify in a trial of the person they are snitching on. This important decision can affect you the rest of your life and possibly even your loved ones or friends. 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 FBI has identified you as a person who has a connection to a criminal enterprise, activity or target, the Bureau may approach you to provide it with information. 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. 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. 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. Even with the promise of payment, the decision to become a CI is very dangerous. 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. There are two opportunities to find out the identity of a confidential informant: before and during trial. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. Possess or use a dangerous drug. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. Why did the chicken cross the road ? xb```Il@r/ 0! And the devices are constantly evolving and improving. 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." 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. A few other articles found on the internet will give an expanded version of that list. Sign up. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. "I don't know if they are going to keep me here for the rest of my life," he said. Yes, in some circumstances the police will pay a person to be a CI. 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". Can a REDDI Report Be the Legal Basis for a Traffic Stop? Bencomo says Lalo was different from other informants. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. 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. Confidentiality is what makes the informant valuable. This is the first time that Bencomo has talked publicly. It is ugly. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. The government does not have the resources or time to do this. In the state of Florida, minimum prison sentences for drug trafficking charges begin at three years and may exceed a period of fifteen years depending on the circumstances surrounding your case. The CI is searched before and after the deal by the police. If you need help defending yourself from these cases, our criminal defense firm can help. The government can get so preoccupied with making a case that the safety and welfare of a CI is not a priority. 0000017958 00000 n If CIs were public record, it would put their lives in danger and the lives of their loved ones. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. A responsive, knowledgeable and skilled attorney. Because of this, the Government often doesnt give CIs a break in their case or dismiss the case until the CI has testified truthfully at trial. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. And he didn't need the money he was already making plenty in Juarez's drug trade. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. It's also the least painful and expensive. In the end the police are working for the government and you are left holding the bag. MANAGING CONFIDENTIAL INFORMANTS | Office of Justice Programs The equipment has evolved with technology and the cameras can be as simple as a pair of glasses, a keychain, a button on a shirt, etc. 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. he says. It is possible to beat drug trafficking charges. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. Terms of Service apply. 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, There may be other reasons why the identity of the CI will be revealed. This decision can affect you and others for the rest of your life. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. To the U.S. government, he was officially informant No. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? 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. I had to go to the restroom and throw up. Confidential Informants, a.k.a. "Police Snitches - Susan Williams Law Informants. 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. and Raul Loya. trailer North Little Rock, AR Criminal Law Lawyers, Do Not Sell or Share My Personal Information. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. . A. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. The required areas are criminal justice, law enforcement, police science, etc. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. The majority of informants are those working off their own cases. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. It is not uncommon in drug cases for prosecutors to use evidence from a controlled buy to support the charges. As a former prosecutor, Mr. Shafran has a unique advantage in the courtroom. Use the FBI as a source of information so that he can further his criminal operations and eliminate competition. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. The CI may be wearing a wire or recording device. The statute that outlines drug trafficking laws specifically in the state of Florida is Chapter 893.135. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. abstract. "There were these code words that the bosses would say to Lalo," Huerta says. And the CI must answer the question truthfully or else possibly face sanctions in court. 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.

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