Saying they have a CI may be a cover for ill-gotten evidence and information. 2. How Do You Beat a Drug Trafficking Charge in Florida? A still from a video in which Lalo talks about his case. 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. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. Confidential informants, will have always have their own agendas and will sometimes be motivated to lie and obstruct justice while claiming to be help. Confidential Informants: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Before analyzing the informant's employment cycle, the monograph considers several preliminary matters: additional information about unofficial sources, notes on who confidential informants are and what motivates them, and pitfalls that can create problems for the agency or the investigator who recruits an informant. Ask a Question About Investigations, Arrests, and Trials in Our Community Forum, Anonymous 'Reliable' Tip Can Justify Traffic Stop. Confidentiality is what makes the informant valuable. 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. What Are the Different Types of Injunctions in Florida? 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. For example, if law enforcement arrests you with a larger quantity of a specific substance you may face a longer prison sentence. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. 0000001094 00000 n The CI must provide 100% honest information. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. In general, the Government goes to great lengths to not reveal the identity of snitches. Law enforcement will often corroborate a CI's information with consistent observations by officers. Once the government uses you as a CI, they can be done with you. 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. However, an informant whos been burnt obviously wont be trusted in their typical circles. The monograph is organized around the confidential informant's employment: recruitment, selection, orientation, and training; direction and control; interviewing and debriefing; evaluation; and termination. However, the above measures are extra insurance for the police, they are not required. 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. There are legal defenses available to you. These steps are as follows: Earn a College Degree: Applying for the job of a confidential informant, you have to complete a college degree. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. If the confidential informant is disclosed and proceeds to testify at trial, the way to beat them would be to make them appear unreliable. advice, does not constitute a lawyer referral service, and no attorney-client or Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. "I believe in some kind of justice, and I think I was doing something good," he said. Keep in mind that courts often determine whether to accept a confidential informant's evidence as credible based on the totality of the circumstances in that case -- which may include other factors not listed here. If you need help defending yourself from these cases, our criminal defense firm can help. 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. 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. Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. about FindLaws newsletters, including our terms of use and privacy policy. A few other articles found on the internet will give an expanded version of that list. 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. Matt was available throughout the process for consultations with both my son and his parents. Copyright 2022, Thomson Reuters. Absolutely. A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. If the 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. It all depends on the facts of your case. By declaring a CI provided the intel, the police may try to get away with introducing the information to the case without explanation. After all, the average CI is a 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 agent may be calling you at odd hours and making unreasonable requests that put you or your loved ones in danger. 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. Courtesy Texas DMV, U.S. D.O.J. The use of informants by police is essentially unregulated by the courts. 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. This is very wrong and a misconception. Can a felon be a confidential informant? There are two opportunities to find out the identity of a confidential informant: before and during trial. 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. 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. This website is for general informational purposes only. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. NPR went there with veteran Juarez crime reporter Carlos Huerta. Fortunately we have done it for you. The more motivated a confidential informant is, the more likely they are to apply themselves to the tasks that the law enforcement officers gives them and the more committed they will be r to achieving success. He will stop at nothing to ensure that your rights remain protected and that you receive a fair day in court. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. So how can a court find a CI's testimony to be credible? Alabama Board of Medical Examiners Lawyer, Possession of a Controlled Substance Lawyer. In any case, the outcome will most likely benefit you as the defendant. You may feel trapped by serving as a Government informant. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. He views himself as a scapegoat and says his bosses at ICE and their bosses in Washington knew all along what Lalo was doing. I couldn't believe it," says the DEA's Sandalio Gonzalez. 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. Then, at trial, the Government calls the . 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 . 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. "There were these code words that the bosses would say to Lalo," Huerta says. Police and prosecutors generally want to keep the identity of their CI a secret. Learn more $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. Do not wait to start working on your defense. Here are five common factors courts will consider in judging the credibility of a confidential informant: 1. That meant Lalo was to go and get the house ready, because someone was going to be brought there and be killed. If you are working as a CI, you may be wondering, how many buys are enough to work off my charges? "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". 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. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. 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. xb```Il@r/ 0! Drug smuggling turned out to be the least of Lalo's exploits. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. And Lalo was with them. Gonzalez lodged a complaint against ICE. However, you need a tireless defense team fighting on your behalf. People who are arrested because you are a CI can put your life and the life of your loved ones in danger. 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. There may be cameras in the location that the deal takes place. ZIP The guidelines can be used to develop or revise written directives for using and managing informants. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Eventually, a dozen bodies were unearthed at the site. 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. You may have signed up to be a CI under duress or felt forced into it after the police threatened to lock you up for the rest of your life or arrest other family members involved with drug activity. %PDF-1.3 % An attorney may help you weigh your options. Former agent Bencomo remembers listening to the tape. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Payments to informants are a thorny issue for the bureau, because agents know defense lawyers will use the payments to question the credibility of an informant while he or she is testifying . In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Visit our attorney directory to find a lawyer near you who can help. Informants. Contributing to the Delinquency of a Minor. 0 All rights reserved.|Disclaimer|Privacy policy. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. A .gov website belongs to an official government organization in the United States. To the U.S. government, he was officially informant No. Skip to content. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. You cant enforce these agreements or conversations. 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. and Raul Loya. 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. 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. He got involved after two DEA operatives in Mexico were targeted by the Juarez drug gang that Lalo worked for. The official state legislature does outline minimum sentences based on specific stipulations that are related to your charges. "He would report a murder, and either we heard it on a phone, nobody told us to stop doing the case," Bencomo says. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. ICE kept Lalo on its payroll, and even worked with a federal prosecutor to get his drug charges dropped. startxref It has been dubbed the House of Death. Criminal defense attorney Matt Shafran at Weinstein Legal is precisely the representation you need. 0000017403 00000 n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. of this site is subject to additional The government does not have the resources or time to do this. listings on the site are paid attorney advertisements. In fact, Lalo secretly recorded the first murder and admitted that he held the victim's legs while the man was being brutally strangled, suffocated and beaten with a shovel. 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. Penalties for Drug Possession Charges as a Minor. His performance in court was outstanding and gave me a big victory. It is possible to beat drug trafficking charges. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. In most cases involving a confidential informant they, by necessity, use people that have a horrible criminal history. "What is wrong with this picture?". Bencomo says his supervisors told him just to make sure Lalo didn't participate in any more killings. He was well dressed and always respectful and anxious to talk about the Mexican drug lords he worked for. 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. code or county). 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 majority of informants are those working off . 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. But during our interview, ICE said that handbook still isn't finished. This video explains the risks and benefits of working as a police confidential informant. It is ugly. A common myth that is absolutely not true is that confidential informants do not testify in trials. 6. For a free legal consultation, call 215.515.3360. It hit me like cold water in the face; it just feels terrible. But this is nearly non-existent in state cases and rare, at best, in federal cases. All rights reserved. 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, Bencomo says Lalo was different from other informants. For now, he said, jail is better than the fate he faces in Mexico. Read More >>. 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. My guess is that the police have more - - calls between you and the CI, surveillance of you going to the garage, etc. 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. This is a common issue people face when working as CIs. 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. We found ourselves against all odds. "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.' 0000001273 00000 n 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 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.
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