how to beat a confidential informant

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, 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. 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. The Drug Enforcement Administration blacklisted him. When police are working with people who they are locking up or threatening to lock up, you may start to wonder if the police are looking out for the Governments confidential informants, or is their first priority obtaining convictions and if so, how much does the Government really care about the safety and welfare of their Confidential Informants? It's also the least painful and expensive. 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. 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". Our firm serves clients in local communities including Birmingham City, Irondale, Mountain Brook, Vestavia, Homewood, Hoover, Pelham, Alabaster, and Helena. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. It could cause real problems for the prosecution, but doesnt necessarily mean a win for you. 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. 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, If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. 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. and Raul Loya People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. This is something that can be used to impeach him when he testifies. There are two opportunities to find out the identity of a confidential informant: before and during trial. It can also be risky for the prosecution if they must give the CIs identity to the defense later. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. 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. The CI may be working several buy busts before the CIs work is finished with the police. Bencomo says the agents were told that Santillan was the No. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. Confidential Informants: Engage in violations of Federal and state laws while providing information to the FBI. . You can be called as a witness to testify on the governments behalf if the person you snitched on requests a jury trial. 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. Some of the more common motivational factors encountered by drug enforcement investigators include fear, revenge, money, repentance, and altruism. He says that the agency's guidelines for using confidential informants are sound. Fabricating a confidential informant can lead to dire consequences. But during our interview, ICE said that handbook still isn't finished. But in Lalo's case, he says, rogue agents didn't properly follow them. Attention is given to forms, reports, records, and files that are the foundation of the information gathering and control procedures. 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. Additionally, using a CI may be an excuse to have probable cause for a search, raid, or arrest when there isnt another probable cause. 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. Confidential Informants can never be 100% protected by the Government or anyone else. For a free case evaluation that is completely free of obligation, contact Weinstein Legal law firm today and ask for defense lawyer Matt Shafran. 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. listings on the site are paid attorney advertisements. You may feel trapped by serving as a Government informant. 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. It all depends on the facts of your case. It is possible to beat drug trafficking charges. The act of sending an e-mail to the Firm or any attorney at the Firm, or submitting a form response or other materials through the website, will not create an attorney-client relationship. Our consultant Dr John Buckley will be. For example, there is a difference between the criminal offense of drug possession and drug traffickingbut what is the difference and how do you know which is applicable in your specific case? At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. Possibly, yes. 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. Can a felon be a confidential informant? "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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. It depends. 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). 913 to the runner, Guillermo Eduardo Ramirez Peyro, who went by the nickname Lalo. If the said information was procured outside of standard procedure (illegal or questionable means), they might use the CI excuse. The most common way to become an FBI informant is to be approached by the FBI. of this site is subject to additional 0000000576 00000 n Even repeat offenders have the chance to beat their charges and avoid a conviction with the right legal help. 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. 810 Seventh Street NW, Washington, DC 20531, United States, 1219 Prince Street, Suite 2, Alexandria, VA 22314, United States. 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. Here in Mexico, there is no justice, only impunity," Magana says. 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. 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. 142 0 obj<>stream That's all I'm doing right now.". 0 What Is the Difference between Kidnapping and False Imprisonment. But this is nearly non-existent in state cases and rare, at best, in federal cases. Call Attorney Marni Jo Snyder 24 Hours / 7 Days: Home Criminal Laws How to Beat a Confidential Informant. Call 954-845-0505 today. Learn more Uses their relationship with the FBI to have local, state, and Federal charges dismissed. Then, at trial, the Government calls the . code or county). A common myth that is absolutely not true is that confidential informants do not testify in trials. "In my mind, he was given a license to kill.". However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. vPxK s&K0!6XYY'`aIbce9"\*z816&V:::Z. To the U.S. government, he was officially informant No. It can also be risky for the prosecution if they must give the CIs identity to the defense later. for the objects of police raids if things go awry. During several phone conversations with NPR last fall, Lalo insisted on speaking only Spanish. He explained to my husband and I what my son was facing. The information provided on this site is not legal 0000018883 00000 n I took the recording and I told my supervisor that I didn't wish to be part of the case.". Understanding an informants motives for providing information is fundamental to managing them effectively. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug. 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. hide caption. How Do You Beat a Drug Trafficking Charge in Florida? 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. In most cases, confidential informants are suspects that have been arrested or convicted for crimes of their own, but cut a deal with police and prosecutors to reduce their sentence in exchange. 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. Possess a dangerous drug for sale. Once you sell to the CI, you are busted/arrested by the police (typically undercover federal or state agents and/or other law enforcement). Some informants have personalities that make them difficult to manage. The only way to create an attorney-client relationship with the Firm is through a written agreement.Read More. 3 man in the Juarez cartel. The El Paso Customs office (Customs later became Immigration and Customs Enforcement, or ICE) had never gotten much recognition. 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. In some states, you can be charged on the uncorroborated word of an informant--even if no drugs or money are recovered. 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 . "It was so horrible. If we want to understand what motivates a confidential informant then we are going to have to understand what motivates people. "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.". trailer Your access of/to and use **This website is meant to provide meaningful information, but does not create an attorney-client relationship. Lorenza Magana, who works with victims of violence in Juarez, sat vigil with relatives of missing family members outside the house the night that Mexican authorities began unearthing the remains. The police can use information gained from the CI about you that the Government can use when prosecuting your case. 0000017958 00000 n You can receive an entirely free case evaluation with absolutely no obligation. This is the first time that Bencomo has talked publicly. Terms of Service apply. Unlike with anonymous tipsters, law enforcement and prosecutors typically have evidence that their CI has lied or been forthright with them and others. Contact Susan Williams today for a free consultation. will know how to maneuver in the courtroom and lead a witness to provide information that supports the defenses theory of the case. He was climbing the ranks of the drug cartel and was becoming a trusted ally to Juarez's third in command. The monograph also examines the responsibilities of the chief executive officers, investigations commander, investigative supervisor, and investigator. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. As each legal issue is unique, please consult with our firm prior to relying on any information found on this site.**. 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. It is ugly. The state makes a differentiation between the two charges in several ways, one of which is the amount of a specific drug found on your person or in your control at the time of your arrest. The feds paid Lalo well: nearly $250,000 over four years. Law enforcement will often corroborate a CI's information with consistent observations by officers. A. Contact us. How credible is the confidential informant? reCAPTCHA and the Google Privacy Policy and This website is for general informational purposes only. 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. The penalties appointed by a judge will vary on several circumstances surrounding your drug trafficking charges in the state of Florida. 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. The guidelines can be used to develop or revise written directives for using and managing informants. 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. "I believe in some kind of justice, and I think I was doing something good," he said. 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. Yes, in some circumstances the police will pay a person to be a CI. Every day that passes is another day that the prosecutors office is working to secure your guilt. Contributing to the Delinquency of a Minor. A responsive, knowledgeable and skilled attorney. Appended material on confidential funds, a roles and responsibilities matrix, a confidential informant written directive, and an informant working agreement. This field is for validation purposes and should be left unchanged. This decision can affect you and others for the rest of your life. Supplemental Terms. Lalo wasn't looking to make a deal. I am not saying my child didnt have a breakdown. Make the CI contradict themself on the stand, If they have a history as a CI, call into question their history as a CI that has informed on lots of different cases for the prosecution. "This is not an appropriate case to comment on, because the procedures that we implemented weren't followed.". Having gained this knowledge all that remains to be done is to transpose it into the environment of managing confidential informants.

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