Copyright 2022, Thomson Reuters. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. However, you need a tireless defense team fighting on your behalf. Becoming an Informant | Office of Justice Programs Last Updated: May 3rd, 2022 at 8:20 pm Read Time: 9 Minutes. 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. **This website is meant to provide meaningful information, but does not create an attorney-client relationship. You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. Highlight information that would indicate their dishonesty or bias. However, this does not have to be the case. From a defense perspective, there are many different strategies that can be used to defend against drug charges based on evidence from a confidential informant. 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? Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. But it wasn't just the people of Juarez who were outraged. We came back night after night to see how many they dug up.". To the U.S. government, he was officially informant No. 0000001540 00000 n 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. Are Confidential Informants Credible? of this site is subject to additional However, sometimes, knowing who a confidential informant is in the case can be crucial to the defense team. After all, the average CI is a If the CI works enough drug deals and/or provides enough information to the police that leads to a conviction or arrest, the prosecutor decides whether the charges will be dropped or lessened to a plea agreement for the CI. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. Generally, informants may enjoy more protection from being identified or forced to testify in court than other laypeople. This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 1 ANSWER. No one. 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. 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. Bencomo was the only one fired as a result of the Lalo fiasco. It just made me sick. hide caption. If you have questions regarding drugs charges, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233. But Bencomo stayed on, and so did Lalo. The high court held that reliance on informant testimony implicates . Criminal defense attorneys have a host of tools to do this. How experts say to reform the confidential informant - KSAT 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. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 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. Jordan was an expert witness in a civil suit filed against ICE by relatives of people killed by the Mexican drug cartel. 0000017403 00000 n "And you have to act like a criminal.". 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. There are several ways to become an FBI informant. ICE says it learned some lessons dealing with Lalo. Understanding an informants motives for providing information is fundamental to managing them effectively. There may be cameras in the location that the deal takes place. This important decision can affect you the rest of your life and possibly even your loved ones or friends. If the CI's reports are consistent with other reports by third parties, it will increase a CI's credibility in court. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. 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 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. He explained to my husband and I what my son was facing. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. Confidential Informants | Minneapolis Drug Attorney - Keller Law Offices Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. But in either language, his story is the same. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. "In my mind, he was given a license to kill.". Former ICE Agent Raul Bencomo, recalling listening to a tape recording that Lalo made of a murder. You impeach them on the stand, which discredits the evidence, information, and testimony they give. If youre worried about how to beat a confidential informant, let the, represent you. trailer %PDF-1.3 % But during our interview, ICE said that handbook still isn't finished. 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. According to a document obtained by NPR, Lalo admitted to Mexican authorities in Dallas that on his way to the house, he stopped at a local hardware store and bought duct tape and quicklime essential items for binding murder victims and dissolving their remains. The team at Weinstein Legal is here to share information regarding how to beat a drug trafficking charge in the state of Florida. I would recommend Justin without reservation to anyone seeking representation. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. There is no obligation from the Government to protect you the rest of your life because you served as a CI. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. The report by the Justice Department's Office of Inspector General (IG) found serious deficiencies with the DEA's confidential-source program, including poor oversight that "exposes the DEA to an. Active listening for police - a skill for conflict avoidance. 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 majority of informants are those working off . Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. How To Beat A Confidential Informant - Wakelet When the El Paso DEA office got wind of what was happening, the agent in charge was stunned. ZIP 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. 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. Login. My reservations were quickly eased during my initial consultation. You will have to argue the CI got drugs from someone else, planted them in the area, ditched the buy money, and refused to implicate his actual source, all to frame you. Bencomo says Lalo was different from other informants. The police can use information gained from the CI about you that the Government can use when prosecuting your case. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. The more specific and detailed, the more likely a court is to accept a CI's information. "It hit me like cold water in the face; it just feels terrible. 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. Marvin Christensen @MarvinChristensen988. A conviction can have far-reaching negative impacts on your life and you stand to lose quite a few freedoms. Some people have heard of the witness protection program in movies or TV shows. This is the point in time some potential clients reach out to a criminal defense lawyer for advice. Are Confidential Informants Credible? 5 Factors Courts Will - FindLaw Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. Yes, a felon can be an informant. The attorney 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. reCAPTCHA and the Google Privacy Policy and Is a Confidential Informant Truthful? Mexican law enforcement officials load a corpse found at the Juarez drug cartel's House of Death into a truck in January 2004. 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. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. The CI is not really taken to jail or if the CI is taken to jail, the CI is released later. It can also be risky for the prosecution if they must give the CIs identity to the defense later. What Are the Different Types of Injunctions in Florida? If you are wondering how to beat a drug charge in the state of Florida and have an upcoming court case for these criminal charges, contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran. The best way to beat the system and stay out of prison is don't break the law. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. 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. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. He's clean-cut and clearly educated. 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. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. "We stayed there all night and watched as they pulled out bodies," Magana says. ) or https:// means youve safely connected to the .gov website. This is very wrong and a misconception. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. 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. A still from a video in which Lalo talks about his case. "When you infiltrate a cartel, everyone knows you have to go like what like a criminal," he said. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. Law enforcement will often corroborate a CI's information with consistent observations by officers. (The capacity for telling lies is called "mendacity," in case you were wondering.) "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. The agency began deportation proceedings with the intention of sending him back to Mexico. The fact that the confidential informant is often a convicted felon, their credibility is already at issue. 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. If youre worried about how to beat a confidential informant, let the Law Offices of MJ Snyder represent you. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. xb```Il@r/ 0! listings on the site are paid attorney advertisements. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The required areas are criminal justice, law enforcement, police science, etc. Among the victims were two U.S. residents. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. The identity of the CI can be necessary to a Defendants defense in their criminal case. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. ", Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. It is not like the old school movies where you can see a wire taped under someones shirt. I took the recording and I told my supervisor that I didn't wish to be part of the case.". This site is protected by Exculpatory evidence is evidence that could clear the defendant of guilt. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. "I was doing something good, something positive," Lalo said to an attorney during an interview that was videotaped four years ago. Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. Gonzalez says when he tried to question the informant, ICE circled its wagons around Lalo. How to Beat a Drug Trafficking Charge in Florida At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. 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. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. 0000000576 00000 n 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 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. Eventually, a dozen bodies were unearthed at the site. 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. For those involved in law enforcement this book will help in the application of your new knowledge The Human Source Management System. It is important for law enforcement to protect the credibility of the informant as much as possible. The killings in Juarez took place more than six years ago. CONFIDENTIAL INFORMANT | Office of Justice Programs <<59BC4FB09E3701468D15B956FB86861C>]>> Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. Criminal Defense Attorney in Philadelphia. This is a common issue people face when working as CIs. If you need help defending yourself from these cases, our criminal defense firm can help. You must have an associate's degree and a bachelor's degree in the relevant areas. But in Lalo's case, he says, rogue agents didn't properly follow them. A confidential informant (CI) is someone that is typically facing criminal charges and law enforcement convinces the CI to work off their criminal charges. For example, if another person is riding in your car as a passenger when police stop your vehicle and they are arrested for having a large amount of drugs on their body or in their belongings, if you had no knowledge of the drugs being present it is unlikely that a court can convict you. Human motives and motivation is a complex subject with many competing theories. For this analysis, as is often the case, OSI recruits a CI, tasks the CI to collect information on the accused's use of a controlled substance, and then obtains information about the accused's use of a controlled substance at an off-base party. The purpose of the ruling is to establish an informant . "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?" 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. In any case, the outcome will most likely benefit you as the defendant. Anyone considering being a CI should first talk to a criminal defense attorney. 129 0 obj <> endobj 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. As with most things in the legal world, knowing how to beat a CI depends on your case. Those are . It all depends on the facts of your case. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". To the U.S. government, he was officially informant No. Fabricating a confidential informant can lead to dire consequences. 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 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. 3. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. Supplemental Terms. Members of Mexico's Federal Agency of Investigations excavate the yard at the House of Death after two bodies were found there. Lalo wasn't looking to make a deal. A person shall not knowingly: 1. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. You may feel trapped by serving as a Government informant. 6. Mathew is really eloquent and smart. Distinguished: An excellent rating for a lawyer with some experience. 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. Beat a Confidential Information in Philadelphia | Cases with CI 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. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. You may feel you are being watched. The CI meets you at a certain place and unknown to you, the police are watching the whole deal. "We were told to continue, so for them to say that they didn't know about it, that is a total lie.". In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. I had to go to the restroom and throw up. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. 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. 0000000884 00000 n Then, at trial, the Government calls the . Here in Mexico, there is no justice, only impunity," Magana says. 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. Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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. The majority of informants are those working off their own cases. Kansas bill would give context about jailhouse informants | The Kansas 913, though most called him by the nickname Lalo. 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 crux revolves around the confidential part of the confidential informant. A .gov website belongs to an official government organization in the United States. I couldn't believe it," says the DEA's Sandalio Gonzalez. Penalties for Drug Possession Charges as a Minor. A Bureau of Justice Assistance Monograph. This factor is formally called "veracity," and is used by courts to determine if a CI has a reputation for telling the truth. Disclose the CI and risk the safety of their informant, lose their access to information, and discourage others from helping police in the future, or. there are basically two types of police investigation, reactive and proactive. hide caption. How credible is the confidential informant? It is ugly. Once the government uses you as a CI, they can be done with you. On the tape, Lalo looks more like a victim than a drug thug. "That was the first incident that I ever came across that he was working both sides," Bencomo says. Put crudely . The Client Review Rating score is determined through the aggregation of validated responses. I took the recording and I told my supervisor that I didn't wish to be part of the case. 0000001273 00000 n For a free legal consultation, call 215.515.3360. They are part of the shadowy side of law enforcement and operate in a secret and largely unregulated world.

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