how to beat a confidential informant

Working As A Confidential Informant Criminal or confidential informants assist law enforcement in setting up and busting others accused of violating the law somehow. 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. 913, though most called him by the nickname Lalo. 0000000576 00000 n Lawyers from our extensive network are ready to answer your question. Choosing the right attorney can be the most important step youll ever take. As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The most common legal defenses against a drug trafficking charge include proving that you were not the individual in control of the illegal substances, or that you had no knowledge of their presence. Informants usually provide information in exchange for reduced charges or immunity, though CIs can be individuals facing no criminal charges themselves. The faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. 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 . 0000017958 00000 n To the U.S. government, he was officially informant No. If law enforcement learns otherwise, all deals or hopes of deals could be off between the Government and the CI. 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. "Had management been fully informed, we could have implemented strategies and taken a different tack that would have ultimately safeguarded more lives," he says. When a snitch provides incriminating evidence that leads to arrest, the government must now disclose non-identifying information about the source of the police officer's information. Lalo has been in solitary confinement for more than five years. Some informants have personalities that make them difficult to manage. And he didn't need the money he was already making plenty in Juarez's drug trade. If you are the defendant in a trial where a CI is testifying, you could also benefit from having a defense attorney advise you. Raul Bencomo, then an agent with U.S. Customs, assigned code No. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Contact Susan Williams today for a free consultation. Additionally, there are many other rights and freedoms that you stand to lose as the result of a conviction. It provides comprehensive guidance on how to recruit and manage confidential informants and has an entire chapter dedicated to a better understanding of what motivates confidential informants. Some people have heard of the witness protection program in movies or TV shows. Contributing to the Delinquency of a Minor. A CI reporting that he heard a suspect may commit "a crime sometime" is far less credible than a detailed account of the future crime's elements, those involved, and descriptions of the locations and vehicles involved. There is no obligation from the Government to protect you the rest of your life because you served as a CI. 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. If you are testifying at trial as a CI, you need an attorney that knows criminal procedure and has experience representing CIs. The CI is assigned a CI number and agrees to provide information about your case to the police. In hindsight, Bencomo says, the pot in the pickup should have been a warning sign. But as that investigation started, ICE's prized snitch came under suspicion. "He had a lot of information, and the type of information that he started providing was at a high level," Bencomo says. Yes, a felon can be an informant. Bencomo says the agents were told that Santillan was the No. 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. 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. And the devices are constantly evolving and improving. 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. The prosecution is not required to reveal CIs in discovery unless knowing their identity is detrimental to the defendants case. 0000001889 00000 n about FindLaws newsletters, including our terms of use and privacy policy. 3. (The capacity for telling lies is called "mendacity," in case you were wondering.) Additionally, the severity of the penalties associated with each charge worsen as the amount of drugs found in your control increases. Once I reached out to Matt he was back in touch within the hour. 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. 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. 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. How Much Jail Time for Felony Grand Theft? There are several ways to become an FBI informant. You may not see or notice the police. And Lalo was with them. there are basically two types of police investigation, reactive and proactive. Eventually, a dozen bodies were unearthed at the site. Contact us immediately for a free consultation where we can discuss the details of your case and how we can help. The state will do its best to not reveal the identity of the CI. Even with the promise of payment, the decision to become a CI is very dangerous. Can a felon be a confidential informant? Every day that passes is another day that the prosecutors office is working to secure your guilt. 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. At a Border Patrol checkpoint, Lalo got caught smuggling more than 100 pounds of marijuana stuffed into the wheels of his pickup. "There were these code words that the bosses would say to Lalo," Huerta says. "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," he says. The monograph is organized around the confidential informant's employment . A confidential informants information can possibly be used against you for your arrest and later in your trial if you request a jury trial. <<59BC4FB09E3701468D15B956FB86861C>]>> The CI will contact you or maybe you contact the CI. 0000000966 00000 n On the tape, Lalo looks more like a victim than a drug thug. reCAPTCHA and the Google Privacy Policy and The true identity of a confidential informant should be strictly limited to an identified number of people. Criminal Defense Attorney in Philadelphia. Informants nationwide end up beaten, tortured and dead once they're found out. 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". 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 . 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. The information may prove to relate to exculpatory evidence. This important decision can affect you the rest of your life and possibly even your loved ones or friends. Copyright 2023 Law Offices of M.J. Snyder, LLC | All Rights Reserved. The CI must provide 100% honest information. He tipped Bencomo to a corrupt U.S. immigration agent who was taking bribes from drug gangs. "It just made me sick," he says. 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." His handlers did well, too. 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. We called after our son was arrested for a crime he committed nearly 9 months earlier. Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). $2M Missouri witness protection fund finds few takers in second year of operation, Confidential Informants Review of Houston Police Narcotics Unit. 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. 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. It all depends on the facts of your case. You can receive an entirely free case evaluation with absolutely no obligation. There must be some legal guarantee that a CI's info is good. Do not allow any of these things to happen to you. he really cares and goes beyond 100% to help his clients. Though widely acknowledged as vital to law enforcement, social scientists have largely ignored the practice of confidential informing. There are legal defenses available to you. Confidentiality is what makes the informant valuable. 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, 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. A confidential informant is a person who provides information to law enforcement regarding another individual or organization in relation to a crime. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. A still from a video in which Lalo talks about his case. Because the officer involved does not understand or cannot see what is really motivating the informant, the informant ends up sabotaging the investigation or leads the officer into a corrupt . "I had to go to the restroom and throw up. A relatively untested CI, with no resulting arrests or convictions, may be less likely to be believed. In a court case, the prosecution must disclose any evidence and witnesses they have against the defense during a discovery process. Then, at trial, the Government calls the . Contact us. Other times that it may be more difficult to secure a conviction include drug trafficking charges that result in another persons overdose. 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, 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. "I was shocked. The recording devices used have become very sophisticated and are virtually undetectable. Law Enforcement may have some input on whether the charges are dropped or lessened, but the prosecutor has the final say. An official website of the United States government, Department of Justice. However, the identity of a confidential informant will be revealed to the Defendant if the Defendant goes to trial. in the former, a crime is reported to the police and an investigation is initiated; in the latter . What Are the Different Types of Injunctions in Florida? Exposing the confidential informants identity would spell the end of the governments ability to use that informant again in the future. 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. 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. We contacted our attorney in the state where we live and he recommended Matt to us. This field is for validation purposes and should be left unchanged. A controlled buy is basically a situation setup by law enforcement where a confidential informant is sent in to buy drugs from a suspect. But that is the sobering truth of being a CI. A few other articles found on the internet will give an expanded version of that list. Once the case was done, ICE was also done with Lalo. Since a CI won't be called to testify, the basis of his or her knowledge may not be directly tested in court. Part 2: A System Cloaked In Secrecy Worries Attorneys, Part 3: Retired Drug Informant Says He Was Burned. Theres another reason police may want to keep the identity of their informant a secret: they dont have one. hide caption. Criminal defense attorneys have a host of tools to do this. A confidential informant (CI) is an individual who gives information about on-going criminal activity to the police. See are article relating to Missouri's witness protection program and the lack of uptake. This is a common issue people face when working as CIs. Therefore, they wont be able to provide any information. We came back night after night to see how many they dug up.". I couldn't believe it," says the DEA's Sandalio Gonzalez. 5 Factors Courts Will Consider. 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. State House legislators last week overwhelmingly passed a bill that would require Kansas prosecutors to disclose information to defendants about so-called "jailhouse informants.". Share sensitive information only on official, secure websites. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. 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: Protecting Their Identity Once an informant is known, the drug traffickers are quick to retaliate. Understanding motive and motivation. Fabricating a confidential informant can lead to dire consequences. Courtesy Raul Loya 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. Those are . Saying they have a CI may be a cover for ill-gotten evidence and information. Understanding an informants motives for providing information is fundamental to managing them effectively. 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 faces of Guillermo Eduardo Ramirez Peyro through the ages, from various drivers licenses, a passport and a video of him in jail. Dead men tell no tales.1 tilizing confidential informants to obtain incriminating information has been described as "dirty business."2 And it certainly is. Confidential Informant Testifies as Government Witness. . He says Lalo was the keeper of the keys. Confidential Informants can never be 100% protected by the Government or anyone else. Thus, when police make promises that a CIs charges will be dropped or that a CI will not have to testify, dont believe this sometimes its true, sometimes its not. 0 There might be several unhappy criminals and their associates or family members looking to exact revenge orstop them from testifying in court. 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. It is possible to beat drug trafficking charges. 129 14 These Guidelines do not apply to the use of Confidential Informants in foreign intelligence or foreign counterintelligence . You may feel trapped by serving as a Government informant. How credible is the confidential informant? You must have an associate's degree and a bachelor's degree in the relevant areas. 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. The problem is that there is no one to police the police. What Is the Difference between Kidnapping and False Imprisonment. It often comes to light that things may not be as they seem and this can greatly help your defense. 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. Many people are interested in what motivates an confidential informant ( aka: human source, covert human intelligence source, CHIS, HUMINT) to assist law enforcement. AV Preeminent: The highest peer rating standard. 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. Martindale-Hubbell validates that a reviewer is a person with a valid email address. 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. There may be cameras in the location that the deal takes place. "Are you kidding me? I took the recording and I told my supervisor that I didn't wish to be part of the case. 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. We found ourselves against all odds. This website is for general informational purposes only. 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. You may feel you are being watched. 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.

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