how to beat a confidential informant

Police and prosecutors generally want to keep the identity of their CI a secret. Here in Mexico, there is no justice, only impunity," Magana says. "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.' But during our interview, ICE said that handbook still isn't finished. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Lalo wasn't looking to make a deal. No one. "This is an isolated incident, where in fact the person was held accountable when they didn't follow our procedures.". 0000001889 00000 n ICE says it learned some lessons dealing with Lalo. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. 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. A confidential informant ("CI") is someone that is typically facing criminal charges and law enforcement convinces the CI to "work off" their criminal charges. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. there are basically two types of police investigation, reactive and proactive. Criminal defense attorneys have a host of tools to do this. 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. 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. 0000001094 00000 n about FindLaws newsletters, including our terms of use and privacy policy. 0000032775 00000 n These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. 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. Visit https://www.gustitislaw.com for more information about inform. 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. For a free legal consultation, call 215.515.3360. Being a CI is a very dangerous, risky endeavor. 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. What Is the Difference between Kidnapping and False Imprisonment. Sorting through those theories and condensing them into something that has practical utility needs a lot of research. 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. Thank you Mathew!! 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. 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". Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. But former DEA Special Agent Phil Jordan says in Lalo's case, every federal rule and regulation was broken. 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. 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? 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. 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. You may not see or notice the police. "So where are we going to find any help if we can't trust the U.S.?". Highlight information that would indicate their dishonesty or bias. AV Preeminent: The highest peer rating standard. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Understanding an informants motives for providing information is fundamental to managing them effectively. Uses their relationship with the FBI to have local, state, and Federal charges dismissed. 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. Like most people, CI's need motivation to produce, and they commonly identify a specific motive for providing assistance. Eventually, a dozen bodies were unearthed at the site. That's all I'm doing right now.". Details for individual reviews received before 2009 are not displayed. All these only go to reinforce stereotypes. Former agent Bencomo remembers listening to the tape. 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. A still from a video in which Lalo talks about his case. On the tape, Lalo looks more like a victim than a drug thug. This important decision can affect you the rest of your life and possibly even your loved ones or friends. However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. Martindale-Hubbell validates that a reviewer is a person with a valid email address. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. Copyright 2023 Weinstein Legal. for the objects of police raids if things go awry. However, this does not have to be the case. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. The CI will contact you or maybe you contact 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. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". According to documents obtained by NPR, Lalo kept his ICE handlers informed of the murders piling up in Juarez. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. "It hit me like cold water in the face; it just feels terrible. Believe it or not it is legal for law enforcement to pay a government snitch! To the U.S. government, he was officially informant No. A person shall not knowingly: 1. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. trailer Copyright 2022 Susan E. Williams, Summerville, SC, All Rights Reserved. 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. If you have questions about how a confidential informant may affect your case, consult an experienced criminal defense lawyer near you. When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself. If you need help defending yourself from these cases, our criminal defense firm can help. The CI is searched before and after the deal by the police. "I was shocked. To the U.S. government, he was officially informant No. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. 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. He's in jail not for any of the crimes he allegedly committed in Mexico, but because ICE says he no longer has a legal right to be in the U.S. "Right now, I'm just fighting for my life," Lalo said. "It was so horrible. 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. Confidential informants arent the same as anonymous sources or tipsters. 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. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. His sincerity, empathy and commitment to advocating on my behalf were apparent. You cant enforce these agreements or conversations. In this hour of need and when this medical pro Mat was such a relief to our family! These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . "It just made me sick," he 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. Thus, a court needs some basis for a CI's allegations. This may result in longer prison sentences and larger fines associated with a conviction. 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. 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. Possibly, yes. A Bureau of Justice Assistance Monograph. 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. See are article relating to Missouri's witness protection program and the lack of uptake. Your access of/to and use The video was shot four years ago at Sherburne County Jail in Elk River, Minn. (See clips from the video on the timeline of Lalo's case). If you agree to work with the FBI, you will be . There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 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. by swilliamslaw | Aug 4, 2020 | Criminal Defense, DUI. 3 man in the Juarez cartel. The required areas are criminal justice, law enforcement, police science, etc. 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. Fortunately we have done it for you. A common myth that is absolutely not true is that confidential informants do not testify in trials. 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. 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. The attorney You dont even have to hire the attorney, but this type of advice and this decision could affect you the rest of your life. It should be noted as well that it is very risky and dangerous to put out on social media or in the rumor mill that someone is working as a CI. The true identity of a confidential informant should be strictly limited to an identified number of people. "I had to go to the restroom and throw up. 3. It is not like the old school movies where you can see a wire taped under someones shirt. Therefore, they wont be able to provide any information. This is yet one more reason why being a CI is dangerous and risky to you and your loved ones. The police can use information gained from the CI about you that the Government can use when prosecuting your case. Our book: Why - Understanding Motive and Motivation provides a comprehensive guide that enables the reader to gain real understanding of the complexity of motivation and guidance on how to detect underlying motives that are normally hidden to others. confidential relationship is or should be formed by use of the site. 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. In the United States, you must also remember that as a defendant in a criminal case you have the right to face your accused. The information provided on this site is not legal The CI will likely be paying with marked money. A lock ( After all, the average CI is a Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 913, though most called him by the nickname Lalo. "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.". A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. NPR obtained an internal agency memo written in May 2004 that clearly prohibits using informants who commit crimes. hide caption. 6. Choosing the right attorney can be the most important step youll ever take. Human motives and motivation is a complex subject with many competing theories. Here are five common factors courts will consider in judging the credibility of a confidential informant: This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. 2. An exchange for leniency in the charges against the informant generally occurs in these situations. You may feel trapped by serving as a Government informant. And he didn't need the money he was already making plenty in Juarez's drug trade. 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, 913, though most called him by the nickname Lalo. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. The majority of informants are those working off their own cases. Although drug trafficking is a felony charge that can carry steep consequences upon a conviction, it is possible to form a suitable legal defense that can help protect your rights and keep you out of prison even if you are a repeat offender. If you are wondering how to beat a drug trafficking charge in the state of Florida and have recently been arrested for the crime, contact the team at Weinstein Legal today. Fabricating a confidential informant can lead to dire consequences. 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. However, you need a tireless defense team fighting on your behalf. Some informants have personalities that make them difficult to manage. "I don't know if they are going to keep me here for the rest of my life," he said. ZIP Raul Bencomo, then an agent with U.S. Customs, assigned code No. Lalo's information was on the mark. The CI is assigned a CI number and agrees to provide information about your case to the police. The monograph is organized around the confidential informant's employment . 1 ANSWER. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. It is important for law enforcement to protect the credibility of the informant as much as possible. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. Even with the promise of payment, the decision to become a CI is very dangerous. Login. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. The amount of a drug for which trafficking charges are applicable varies depending on the substance. Why did the chicken cross the road ? How Much Jail Time for Felony Grand Theft? 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. 5. Yes, in some circumstances the police will pay a person to be a CI. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Among the victims were two U.S. residents. Two ICE employees were forced to take early retirement, but others received light reprimands and are still on the job. He explained to my husband and I what my son was facing. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 129 14 There may be cameras in the location that the deal takes place. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Please explain why you are flagging this content: * This will flag comments for moderators to take action. And gaining a better understanding of what motivates people takes time. When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. However, an informant whos been burnt obviously wont be trusted in their typical circles. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. 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 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. You order drugs from the CI. There may be other reasons why the identity of the CI will be revealed. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. Yes, a felon can be an informant. The more specific and detailed, the more likely a court is to accept a CI's information. Evidence that a CI has reliably provided accurate information in the past may indicate to the court that he or she is credible. . The money may not even be marked, but the police have made a copy of the serial numbers on the cash bills. abstract. 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. Often paper trails will be used to support an informant\'s version of events, such as cell phone and travel records. 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. Law enforcement will often corroborate a CI's information with consistent observations by officers. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later). "I believe in some kind of justice, and I think I was doing something good," he said. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. It has been dubbed the House of Death. Can a felon be a confidential informant? Courtesy Texas DMV, U.S. D.O.J. Ashok Dhamija But she did. Expose any deals they have had with the prosecution to work off their charges in exchange for information, Play up the fact that they are being paid to inform against the defendant, Make them admit to wanting to avoid any negative consequences for themself or loved ones that would have occurred if they failed to cooperate. A .gov website belongs to an official government organization in the United States. How credible is the confidential informant? 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. Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards. Tagged: confidential informant training, informant motivation, CHIS motivation, humansource motivation, Human source management, HUMINT training, Informant motivation, law enforcement training, Informant management book, HUMINT book, International Chiefs of Police Conference Dallas 15th to 18th October 2022 . 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. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. and Raul Loya. 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. Mathew is really eloquent and smart. 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. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. There are two opportunities to find out the identity of a confidential informant: before and during trial. A simple he-said-she-said backed up with no observations won't be worth much in court. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. You impeach them on the stand, which discredits the evidence, information, and testimony they give. Once the case was done, ICE was also done with Lalo. This video explains the risks and benefits of working as a police confidential informant. listings on the site are paid attorney advertisements. Drug trafficking charges are a felony offense, which can land you in prison for quite some time. Both federal and state law enforcement officers use confidential informants. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. 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. Here in Mexico, there is no justice, only impunity. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. 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. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI.

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